Damages For Chat Room Insults - Eversheds - Legal Practice

Damages For Chat Room Insults
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Libel - Defamation - Michael Keith-Smith - Yahoo!

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08 May 2006

Eversheds

http://www.eversheds.com

Damages For Chat Room Insults

Michael Keith-Smith, a former Conservative party member was recently awarded £10,000 damages in a libel action brought after insults posted in an internet chat room.

According to reports Keith-Smith was debating on the Iraq war on a discussion board, when Tracy Williams, who used a pseudonym to hide her identity, labelled Keith-Smith, a sexual offender, racist bigot, Nazi and other insults. Keith-Smith obtained a court order forcing Yahoo!, who hosted the discussion board, to reveal the identity of Williams, and then successfully sued for damages.

In assessing the damages, the judge took account of Keith-Smith's upstanding reputation and his commitment to work with educational institutions and charities. £5,000 was awarded as general damages. The remaining £5,000 was awarded as aggravated damages due to the behaviour and contempt of Williams. Williams was also ordered to pay costs of £7,200. Although some observers have commented that this case will open the floodgates to similar actions and place constraints on freedom of speech, the judgment confirms that the law of libel applies to the Internet as equally as any other medium.

Rizwan A. Yusuf, Solicitor

Direct Dial: +44 (0) 113 200 4700

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