Opinion or Defamation? Limits of Free Speech in Online Customer Reviews in the Digital Era
Communications Law - The Journal of Computer, Media and Telecommunications Law 2015, Volume 20, Number 3, pp 72-76
5 Pages Posted: 10 Mar 2016 Last revised: 2 Aug 2016
Date Written: February 20, 2015
This article explores defamation on the internet in blogs, discussion threads and websites containing customer reviews. It considers the serious harm threshold test introduced by the Defamation Act 2013, evaluating the degree of guidance given in Cooke v. MGN Ltd on what evidence would be needed to prove serious harm. Discusses the new statutory defences of truth and honest opinion, malice on the part of the person making the statement, and defences available to website operators.
Keywords: defamation, civil evidence, defences, social media, websites
JEL Classification: K10, K13, K19
Suggested Citation: Suggested Citation