Kaschke v Gray [2010] EWHC 690 (QB)

Document type
Court Decision
The case revolved around the liability of a blog owner for the defamatory comment posted on his website. It was held that checking the spelling and grammar of such user-generated content triggers the finding of facts and circumstances from which the existence of infringing content should have been inferred; preventing the blog owner from relying on the “hosting” safe harbour 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
Monitor or Filter
Type of law
General effect on immunity
Weakens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)