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Digital Business Lawyer

Tamiz v. UK - balancing real and substantial tort and the ECHR

The recent European Court of Human Rights (‘ECtHR’) judgment in the long-running case of Tamiz v. UK found that the decision of the English High Court to refuse permission to a claimant to serve a libel claim against Google Inc. on the grounds that it was an abuse of process did not infringe the claimant’s Article 8 rights to a remedy for damage to his reputation. The judgment provides important commentary on the necessary balancing exercise between Article 8 and Article 10 of the European Convention on Human Rights (‘ECHR’) in ‘abuse of process’ cases and the extent to which internet service providers can be held liable for unlawful content after failing to act quickly to remove once on notice of it. The Court of Appeal judgment therefore remains a very important authority on intermediary liability for defamation in the UK, as Ashley Hurst and Alexander Vakil, of Osborne Clarke, explain.

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