Solicitor Demanding User Details

Amirani

Lets say a website gets an ultimatum from its hosting company to give up details of users who may have posted libelous comments to a solicitor or else the website would be suspended.

For some context - Firstly, there's a "Report Post" feature on the site that allows users to flag comments of an inappropriate nature. None of the comments in question were flagged. Secondly, the site is fairly small and not a registered company or anything. It's not a huge deal to create a new one from scratch.

The question I want to ask really is whether there's a legal obligation to provide the solicitor with users' details or if some sort of court order is necessary to enforce that? I know there's probably a good bit of precedent on this site so if anyone with any knowledge about those instances could help me out that would be great also.

Delancey

To my knowledge Section 8 of the Data Protection Act is in play here , under Section 8 a person seeking IP addresses etc has to make a court application to obtain an order directing disclosure.
As an aside , a senior Garda or Army Officer can issue such an order without going to court but obviously that does not apply where the issue in question is a civil dispute.

To my knowledge , without an order a Solicitor may ask ( no law against asking )but nobody is under an obligation to provide details.
Sound like Bully Boy tactics in this instance.

Amirani

Delancey wrote: »

To my knowledge Section 8 of the Data Protection Act is in play here , under Section 8 a person seeking IP addresses etc has to make a court application to obtain an order directing disclosure.
As an aside , a senior Garda or Army Officer can issue such an order without going to court but obviously that does not apply where the issue in question is a civil dispute.

To my knowledge , without an order a Solicitor may ask ( no law against asking )but nobody is under an obligation to provide details.
Sound like Bully Boy tactics in this instance.

That was roughly what I'd expected. What sort of liability would a site have in this instance regarding the hosting of libelous comments. If the comments can be posted without approval, weren't reported and weren't spotted by moderators?

Tom Young

You need legal advice. There is a defence called Hosting Defence.

Procrastastudy

Would innocent publication also be a defence?

Incidently I know its splitting hairs but did the (hypothetical) commuication mention "libelous" comments? I thought that term went out with the 2009 Act?

Victor

GCDLawstudent wrote: »

Would innocent publication also be a defence?

There is the common carrier or hosting defence. Neither the phone company nor the ISP (both can use the common carrier defence) nor the website nor the website's host (both can use the hosting defence) actually did anything positive to display the message, only the user did. The primary responsibility is with the user, but the parties availing of the hosting defence need to act promptly when they are aware of a problem.

Incidently I know its splitting hairs but did the (hypothetical) commuication mention "libelous" comments? I thought that term went out with the 2009 Act?

It is still in common usage.

BrianD

Think the main boards man outlined their procedures in this matter. They seem to get a regular stream of "enquiries" from legal folks. A search should throw it up.