UK - New Rules For Online Libel Called For Wokingham, Bershire, England, 31 January 1996 -- CompuServe, Europe Online, and Microsoft Network (MSN), have banded together to lobby the British Government for a clear definition of the legal rules for online libel. In British law, libel is defined as a defamatory statement. Because of the "new" nature of online services, however, online libel is treated as something of a gray area as regard legal issues. In a joint submission to the Lord Chancellor's department, the three online companies claim that online service providers typically cannot control the content of messages that users of their services or the Internet, send. The companies are recommending that the online service provider not be held responsible for libels statements made online, unless the service provider has "reasonable notice" that a libels statement has been transmitted on to its system, and "has the ability and the authority to prevent" its publication, but "fails to do so" within a reasonable time. According to Andrew Gray, European business manager with CompuServe, the Chancellor's Department is currently conducting an extensive review of UK libel law to deal with a number of current problems. Based upon this review, the Government is expected to introduce new libel legislation this spring. "We applaud the Lord Chancellor's Department's efforts to bring the defamation law up to date. We hope that the upcoming legislation will deal effectively with the problem of libel that takes place over an online service or the Internet," Gray explained. Andreas Breijs, manager of Europe Online, meanwhile, said that online services are not like traditional newspapers or magazines. "These services are more like a railway train, where the operator may own the passenger cars, but has no idea what the passengers may be saying to each other, and no way of controlling their conversations," he said. Judy Gibbons, manager of Microsoft's MSN operating in the UK, said that the major online providers work hard to run responsible services. "They should not be penalized for the actions of unrelated individuals who might happen to make libelous statements using their services without the knowledge or consent of the service provider," she said. Alistair Kelman, a lawyer specializing in information technology (IT) affairs, said that he was not surprised by the online services' request to the Lord Chancellor's Department, especially given the current situation. "There is no case law on this subject and it is likely that a test case will come sooner, rather than later. The Government is keen on a clarification on the issue, as it is itself publishing a lot of its information on the Internet, in the move towards a more open and IT-relevant Government," he explained. Peter Sommer, an IT security specialist and Fellow of the London School of Economics, said that, far from being just another publishing medium, it was important that people understand that the Internet is very similar to a telephone line. "If I libel someone over the phone, you're not going to involve the telephone company, are you? It's the same with the Internet and some online services. Of course, if the online service has the ability to remove someone's comments and does not do it, then it's a different matter and that is what the definition by the Lord Chancellor's office is all about," he said. --