In the defamation case Paisley v. Linehan [2024] the High Court examined the extent to which bloggers and online commentators can be held liable for defamatory comments made by other users in response to their posts. This case highlights the significant legal responsibilities that come with running a blog or social media platform. Shubha Nath at Nath Solicitors is an expert on defamation law and its development in response to the proliferation of user-generated contact online. Call us on 0203 983 8278 to arrange a no-obligation discussion on any concerns you may have on online defamation and related matters.
Paisley v Linehan – What Happened?
Former actor David Paisley, the Claimant, brought a defamation suit against the Defendant, an online blogger, over several publications that included statements about Paisley’s conduct and character. The Claimant argued that these statements were defamatory and that the Defendant was liable not only for the original content but also for the subsequent comments made by readers in response to the blog posts.
The Defendant’s articles accused Paisley of various forms of harassment and misogyny, including making vexatious police complaints. The Claimant contended that these accusations were presented as factual rather than as expressions of opinion. Additionally, Paisley claimed that the blog’s comment section, where users discussed and endorsed the Defendant’s views, contributed to the defamatory nature of the publications.
The Court acknowledged the impact of user comments on the overall defamatory content of a blog. It recognised that while bloggers may not be directly responsible for every comment made by their readers, they could still be held liable if they actively encouraged or endorsed defamatory statements. In this case, the Court considered whether the Defendant’s articles and the accompanying user comments combined to form a defamatory narrative about Paisley.
The ruling highlighted the blogger’s responsibility to moderate comments and ensure that their platform does not become a vehicle for spreading defamatory content. While the Court did not impose blanket liability for all user comments, it emphasised that bloggers must take reasonable steps to prevent their platforms from being used to defame individuals.
Conclusion
The case of Paisley v. Linehan serves as an important reminder for bloggers and online commentators about their responsibilities regarding user-generated content. While direct liability for comments made by others is not automatic, there is an obligation to manage and moderate content to avoid contributing to defamation.
Contact Us
At Nath Solicitors, we offer expert legal advice on defamation, online reputation management, and media law. If you need guidance on how to navigate legal issues related to online content or require assistance with managing user-generated comments, contact us at 0203 983 8278 or get in touch with the firm online.