03/02/2020
Godfrey v. Demon Internet Limited [1999] EWHC QB 244 (26th March, 1999)
made applicable to the states through the Fourteenth Amendment"
"CompuServe's CIS product is in essence an electronic, for profit library that carries a vast number
of publications and collects usage and membership fees from its subscribers in return for access to
the publications. CompuServe and companies like it are at the forefront of the information industry
revolution. High technology has markedly increased the speed with which information is gathered
and processed: it is now possible for an individual with a personal computer, modem, and telephone
line to have instantaneous access to thousands of news publications from across the world. While
CompuServe may decline to carry a given publication altogether, in reality, once it does decide to
carry a publication, it will have little or no editorial control over that publication's contents. This is
especially so when CompuServe carries the publication as part of a forum that is managed by a
company unrelated to CompuServe"
"CompuServe has no more editorial control over such a publication than does a public library, book
store, or newstand, and it would be no more feasible for CompuServe to examine every publication
it carries for potentially defamatory statements than it would be for any other distributor to do so.
"First Amendment guarantees have long been recognised as protecting distributors or
publications....Obviously, the national distributor of hundreds of periodicals has no duty to monitor
each issue of every periodical it distributes. Such a rule would be an impermissible burden on the
First Amendment""
"Technology is rapidly transforming the information industry. A computerised database is the
functional equivalent of a more traditional news vendor, and the inconsistent application of a lower
standard of liability to an electronic news distributor such as CompuServe than that which is
applied to a public library, book store, or newstand would impose an undue burden on the free flow
of information. Given the relevant First Amendment considerations, the appropriate standard of
liability to be applied to CompuServe is whether it knew or had reason to know of the allegedly
defamatory Rumorville statements"
43. Cubby was followed in Stratton Oakmont .v. Progidy [1995] N.Y. Misc. Lexis 229;23 Media L.
Rep 1794, where Ain.J. said:"A computerised database is the functional equivalent of a more traditional news vendor, and the
inconsistent application of a lower standard of liability to an electronic news distributor such as
CompuServe than that which is applied to a public library, book store, or newstand would impose
an undue burden [*10] on the free flow of information."
"That such control is not complete and is enforced both as early as the notes arrive and as late as a
complaint is made, does not minimise or eviscerate the simple fact that PRODIGY has uniquely
arrogated to itself the role of determining what is proper for its members to post and read on its
bulletin boards. Based on the foregoing, this Court is compelled to conclude that for the purposes of
plaintiffs' claims in this action, PRODIGY is a publisher rather than a [*11] distributor"
"Let it be clear that this Court is in full agreement with Cubby and Auvil. Computer bulletin boards
should generally be regarded in the same context as book-stores, libraries and network affiliates"
"It is Prodigy's own policies, technology and staffing decisions which have altered the scenario and
mandated the finding that it is a publisher"
44. Zeran .v. America Online [1997] 129 F3d 327 illustrates how far the United States by statute has
sought to protect Internet providers. Wilkinson C.J. said:"Section 230 creates a federal immunity to any cause of action that would make service providers
liable for information originating with a third-party user of the service. Specifically, Section 230
precludes courts from entertaining claims that would place a computer service provider in a
publisher's role. Thus, lawsuits seeking to hold a service providers liable for its exercise of a
publisher's traditional editorial functions -- such as deciding whether to publish, withdraw, postpone
or alter content -- are barred"
www.bailii.org/ew/cases/EWHC/QB/1999/244.html
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