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Defamation

Waterfront’s defamation experts deal with a variety of different types of defamation disputes. We have particular expertise with disputes relating to the “publication” of third party content, such as user generate content, having been involved in many of the cutting edge decisions in this field. This also gives us a unique perspective when advising clients on the way to organise their online business in a way that minimises their legal exposure.

Cases in which and clients for whom our team have acted include:

  • Acting for the founder of a high profile website providing news and a forum for members and supporters of a large mainstream political party who was sued in respect of alleged defamatory content. The case raised important issues of IT law and the effect of the E-Commerce Directive. Following a two day hearing at the High Court in which one of our team appeared as advocate, the court handed down a judgment in Kashke v Gray [2011] 1 WLR 452. It was a decision that for the first time made it clear that an “information society service” provider is not liable for user generated content of which it is unaware, even if it is on a website that also contains traditional editorial content. It remains the leading case in this area of law.
  • Providing ongoing advice to the operator of an internet financial trading forum in relation to defamation claims as and when they arise.
  • Advising, and acting for, numerous companies and individuals in relation to the removal of potentially defamatory statements on websites, including third party review sites such as Tripadvisor and Yelp, as well as blogs and other social media.
  • Advising individuals seeking the removal of links to defamatory material from search results, including issues related to the “right to be forgotten”.
     

If you would like advice regarding your defamation dispute, please contact our team on 020 7234 0200 for your free initial chat.