UK: Free Speech? Well Not As We Know It!

A chat room bulletin board has resulted in an unprecedented award of £10,000 in damages for defamatory comments posted and once again raises important questions for company policies on internet and email usage.

Michael Keith Smith, a member of the UK Independence Party, was subjected to a campaign of "frenzied abuse" from a Ms Tracy Williams, a fellow user of a Yahoo! discussion board website. Ms Williams, using an alias, posted numerous defamatory remarks about Mr Smith, in response to anti-war sentiments he had posted on the site. Despite using an alias, a court order was obtained and NTL were required to disclose Ms Williams’ personal details. Ms Williams failed to provide a defence and summary judgment was pronounced.

Whilst this may be the first High Court case in which damages have been awarded against an individual for defamatory comments posted on an internet bulletin board, it may be the first of many. Sites such as these are considered to be a forum for voicing unrestrained comments with little consideration for the potential legal consequences and while in the past it has been the internet service provider who has suffered at the hands of those individuals who have made defamatory statements while using its services, this recent case certainly gives concern as to the extent of who may be caught out.

Statements or expressions of opinion made by an employee could result in the employer being sued for defamation and indeed this has certainly been the case where employees have sent defamatory emails. Given this recent case, it takes little stretch of the imagination to realise that employees using company computers and making potentially defamatory comments on chat sites, whilst at work, may be seen to be acting within the scope of their employment. In light of this, employers would be well advised to ensure that their internet and email usage policies are up to scratch, and any policy implemented should make clear the prohibition on employees taking part in such bulletin board and chat room sites and the potential consequences of doing so, which may well include dismissal following disciplinary action.

The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Readers should not act on the basis of the information in this article without taking appropriate professional advice upon their own particular circumstances.