-3character of those statements is not in dispute. Nor is any libel defence such as
privilege or fair comment relevant. What it falls to the Court to consider is the
extent to which the providers of an internet discussion platform may be held
liable for the posting of defamatory statements by its users. In particular, issues
arise as to whether and to what extent such platform providers are in law to be
regarded as publishers of the defamatory postings and as to whether the
common law defence of innocent dissemination is applicable.
A.
4.
The actions and the defamatory statements
The statements complained of were posted on the forum in three
batches and resulted in two actions being brought against the respondents.1 The
first action was brought by Oriental Press Group Limited and Oriental Daily
Publisher Limited, the latter company being the registered proprietor, publisher
and printer of a popular Chinese daily newspaper known as the “Oriental Daily
News”. The former is a publicly listed company which owns the latter. That
action is brought against Fevaworks Solutions Limited.
5.
Those three companies are also parties to the second action which
involves as additional plaintiffs The Sun News Publisher Limited and Mr Ma
Ching Kwan. The Sun News Publisher Limited is the registered proprietor,
publisher and printer of “The Sun”, another popular Chinese daily within the
Oriental group. Mr Ma is the honorary chairman of the listed company. The
second action is brought both against Fevaworks Solutions Limited and Alive!
Media & Communications Limited, sued jointly as the providers, administrators
and managers of the relevant website.
I shall refer to the plaintiffs and
defendants in the two actions collectively as the appellants and the respondents
respectively.
1
A third action has been stayed pending the outcome of these proceedings.