Latest on internet defamation

A number of recent cases have been looking at internet defamation. The results are not encouraging for schools.

Although it is possible to obtain an order to discover the identity of anonymous internet users, the problem is the same as with any other alleged defamatory statement: it is possible to claim that what was said was merely abuse or that it was fair comment on a matter of public interest.

If it is ‘merely’ abuse, then the view is taken that it will not “lower a person’s reputation in the eyes of right-minded people” which, in a nutshell, is the definition of defamation. Moreover, unless there is some way of demonstrating the number of hits on the site, it is going to be difficult to identify the damage and without some damage, again, it is hard to prove defamation.

In practice, the vast majority of anti-school sites or web pages attacking school staff attract relatively few hits. Some famous politicians made a habit of not reading the newspapers on the principle of “what the eye does not see, the heart does not grieve over”.

Frustratingly, this may prove to be the most effective course of action with many abusive internet sites.

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