-45standards which would make commercial operation impossible or introduce a
chilling effect discouraging free and open exchanges. At the same time, a
platform provider must genuinely recognize and take all reasonable steps to
protect the rights and reputations of persons from being unlawfully damaged by
postings published on the forum.
Thus, for instance, while an internet
intermediary may not be expected to police or filter the many-to-many
discussions hosted, it is appropriate to require prompt action to take down
offending postings upon receiving a complaint or otherwise becoming aware of
them.
112.
As it happens, the evidence indicates that the discourse often
encountered on the respondents’ forum is of very doubtful social value. It
frequently involves merely vulgar abuse. But freedom of expression must not
be devalued because it permits such low grade exchanges. Examples of forums
of undeniable value to society in the political, scientific, social, cultural and
other spheres are plentiful.
O.
Conclusion
113.
For the foregoing reasons, I conclude that the respondents:
(a) did not authorize publication of the defamatory statements;97
(b) are not to be regarded as the only possible first or main publishers;98
(c) did not know the content of the relevant statements and did not
realistically have the ability or opportunity to prevent their
publication and therefore were not the first or main publishers of
those statements;99 and
97
Section I above.
98
Section J above.
99
Section K above.
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