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Small Internet defamation cases an “abuse of process”

United Kingdom
28/02/2005
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English defamation law is seen to be relatively “claimant friendly” and, as a result, it is common for claimants to bring defamation proceedings in England in respect of publications on the Internet. Previous cases have shown that proceedings may be brought in England if: (a) the defendant has a reputation in England; and (b) the publication was able to be read or downloaded in England (i.e. even if the publication was not aimed at English readers).

In the case of Jameel v Dow Jones, the claimant, who was based in the UK, objected to allegations made about him on the US Wall Street Journal website and issued proceedings in the English courts. The evidence showed that the allegedly defamatory material had only been downloaded five times in the UK.

The Court of Appeal held that a real and substantive tort had not occurred in the UK. As such, to commit substantial resources of the court to an action where so little was at stake was an abuse of process. The case shows that there are limits to the jurisdiction the English courts are prepared to accept, in particular where limited damage has been suffered in the jurisdiction.

This article first appeared in our Technology Annual Review, March 2006. To view this publication, please click here to open a new window.

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