Internet defamation and the online intermediary

Abstract

The Internet's “tremendous power” to harm reputation is well-known. “A reputation can be destroyed in the click of a mouse, an anonymous email or an ill-timed Tweet.”11Crookes v Newton [2011] 3 SCR 269 [38]. Indeed, Internet postings can be widely disseminated via audio or video files, social and professional networking platforms, email messages, blog posts, electronic mailing lists, newsgroups or discussion fora, bulletin boards, web sites, framed or linked web pages, or search results produced by search engines. Such transmission or communication involves intermediaries such as service providers, web hosts and operators of email lists, forums or bulletin boards. By providing access to Internet content created by others, can intermediaries become liable for user/third party content? Intermediary liability is perhaps the thorniest of issues in Internet defamation and will be the focus of this paper. It will compare the position in other common law jurisdictions and conclude with a re-examination of how the publication rule should apply to intermediary liability in Singapore, in the context of new communications technology and the need for a proper balance between reputational interests and Internet expression.