Great Britain's Position:
Material published on the web falls under the same libel laws as material published in any other medium. The British libel laws differs from American libel laws in approach: British libel laws are considered pro-plaintiff, meaning that the defendant must prove that she or he did not commit libel. This is the opposite of American libel law, which places the burden of proof upon the plaintiff to show that the alleged libelous statement contained malice and caused damage.
The Defamation Act of 1996 holds Internet service providers responsible for what they publish under British libel laws, albeit in only a very limited scope. This act does not hold Internet service providers responsible if they are not primarily responsible for material in question.
The Defamation Act is looked upon by British lawmakers as a way of limiting potential libel lawsuits. The act will make libel cases cheaper and more quickly resolvable:
- The act will allow judges to suggest money damages and offer Internet Service providers the option of apologizing to the plaintiff and paying him or her the money damages.
- Defendants will also be able to offer amends under the defense of "innocent dissemination."
- Defendants will be able to reduce their damages if they can prove that the plaintiff has a general bad reputation.