The web site targets former school pupils, giving them an
opportunity to contact each other and post information about
themselves and their memories of schooldays. It has over 6.2
million registered users and receives 200 million page impressions
per month.
Jonathan Spencer made comments on the site, wrongly alleging
that Murray had been sacked for making rude comments about female
pupils and for “strangling” a pupil. In the UK’s first award of
damages for internet defamation, Murray won an award of £1,250
against Spencer. Describing the sum as “peanuts,” The Scotsman
reports that Murray now plans to pursue both the web site and the
internet service provider that hosts it.
Little information on Murray’s new action is available. However,
it would be significant if Friends Reunited and/or an ISP were
found to be liable.
When the operator of the site was notified that defamatory
comments appeared on its message board, the operator apparently
removed the offending comments. This is in accordance with the
law.
It is not necessary for those that host message boards to police
the content of these boards, provided they act immediately to
remove or disable access to comments or other material on their
pages upon receiving notice that it is defamatory or illegal. This
protection for web hosts is reinforced by the E-commerce Directive,
although the Directive has still to be implemented into UK law.
In a German case last month, former tennis star Steffi Graf won
a controversial ruling against Microsoft.
A site hosted by Microsoft allowed users to post images on-line.
One user posted an image which purported to be a nude picture of
Graf. In fact, it was Graf’s head morphed to another’s nude body.
Graf demanded that Microsoft remove the offending image and
Microsoft complied. However, according to media reports, Microsoft
was found liable for refusing to guarantee that no such images
would appear on its sites in future.
Microsoft’s argument was that it does not monitor its web site
but that it will comply with take-down notices. The German court’s
decision appears to be contrary to the principles of the E-commerce
Directive.
Murray told The Scotsman:
“I am pursuing a case against Friends
Reunited not just because I think they are accountable for the slur
against my name but also because I am aware that many other people
have suffered the upset of reading something completely untrue
about themselves on the site.”
