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Godfrey v Demon Internet

[1999] 4 All ER 342

Case summary last updated at 17/01/2020 17:23 by the Oxbridge Notes in-house law team.

Judgement for the case Godfrey v Demon Internet

A post was made by a fraud on D’s website that defamed P. P notified D who did nothing. P sued D for defamation. Mr Justice Morland held that whenever D transmitted the article from the storage of their news server, they "publish that posting to any subscriber to their ISP who accesses the newsgroup containing that posting. Thus every time one of D’s customers sees that posting defamatory of the Plaintiff there is a publication to that customer.” Even if D was not a publisher within S.1 Defamation Act, the fact that they had notice of the post and chose not to remove it shows that they knew the statement was defamatory and therefore had no defence under s.1. 

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