Betfair was a gambling site which also operated internet forums (chatrooms) where users could discuss sports events and other issues. The plaintiffs alleged defamation by forum users. As a preliminary issue, Betfair successfully relied on the hosting defence in the E-Commerce Directive as implemented by the 2003 Regulations. The court found that the gambling exception to the Directive and Regulations did not apply as the forums were not directly connected to the gambling part of the site.
The legislation governing defamation in Ireland. Includes a defence of innocent publication in s.27. A court may make an order prohibiting publication of a defamatory statement under s.33. The Act also contains an offence of blasphemy in s.36.
This was an action against the operators and moderator of an internet site and bulletin board set up to facilitate discussions by Ryanair pilots. Ryanair alleged that bullying and intimidation of pilots was taking place on the site and sought ‘Norwich Pharmacal’ orders to disclose the identities of certain users of the bulletin board. On reviewing the evidence, Smyth J. found that there was no evidence of bullying or intimidation or that Ryanair had suffered loss. He distinguished this case from EMI v Eircom, 2005 (see below) and the English case of Totalise v Motley Fool 2001 EWCA Civ 1897. He also stated that a balance needed to be struck between justice and privacy.
The Privacy Bill was published by the previous Government in 2006 but has not been enacted. In 2012, the Minister for Justice stated that he was considering re-introducing a version of this Bill.
Record companies requested Eircom, a large ISP, to provide identities of 17 customers who were allegedly infringing copyright. The High Court ordered that customers’ identities should be passed to the ISP, based on the UK tort case of Norwich Pharmacal v Customs & Excise 1973 UKHL 6. The court also relied on the Canadian case of BMG Canada v Doe 2004 FC 488.
This Statutory Instrument implements the E-Commerce Directive (Directive 2000/31/EC) into Irish law. The Regulations include restrictions on liability, subject to certain conditions, regarding mere conduits, caching and hosting (Regs. 15-18). Non-liability is defined to include civil or criminal liability (Reg. 15(b)). The Regulations do not apply to gambling activities (Reg.2).