Lawyer warns of online libel risk
Social media users 'must be vigilant' about potentially defamatory comments posted on their profiles, despite a recent court ruling
Social media users who allow others to post on their profiles might be exposing themselves to the risk of libel, a veteran lawyer says.
Henry Wheare, a partner at law firm Hogan Lovells, issued the warning despite the Court of Final Appeal finding in July that the host of a local online forum was protected by "innocent dissemination", given the fact that the forum received a high volume of traffic, and that its host worked to remove potentially defamatory statements in a timely way.
The ability to delete inappropriate content is obviously important in limiting that risk
The defence of innocent dissemination absolves people from liability if they have no knowledge of the defamatory nature of statements, and if they make a reasonable effort to detect any such defamatory content.
Wheare said that while there was still a risk, "the ability to delete inappropriate content is obviously important in limiting that risk".
He also said it was "certainly difficult" for defamed parties to legally pursue people who posted comments on others' profiles under fake identities, and that this could be an area for future consultation and legislation.
The lawyer's comments came after the top court's landmark judgment on online defamation. Lawyers Alfred Ip and Scherzade Westwood described the ruling in the latest issue of Hong Kong Lawyer as having enormous implications for social media service providers such as Facebook and Weibo, as well as for the users of these platforms.
The court ruled that the defence of innocent dissemination was available to Fevaworks Solutions, which had been sued by Oriental Press Group for defamatory statements posted on its popular gossip website, and dismissed the group's appeal.