Davison v Habeeb and others [2011] EWHC 3031 (QB)

Document type
Court Decision
This case concerned a defamatory blog post which appeared on Blogger.com, a website operated by Google. The claimant sought to make Google liable as a publisher of the defamatory statement. Despite the case having been ultimately dismissed due to there being no “real and substantial tort” (only five people were proven to have accessed the defamatory statement), the court found that - at least following the notification - Google can be liable for the defamatory statements posted on Blogger, as a publisher. It’s also worth to add that the court decided that Google could be protected in this case by the “hosting” safe harbour set out in reg. 19 of the E-Commerce Regulations 2002 (see above).
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)