GK Barry toxic gossip: can website operators be held liable for what users say?

A new documentary on BBC IPlayer has been released where GK Barry explores the online forum “Tattle Life” and the harmful content on the forum.  

The upcoming documentary examining online gossip surrounding internet personality, influencer and presenter, GK Barry, is likely to reignite debate about the legal consequences of harmful online commentary.  While much of the discussions to date focus on the individual users making hateful comments and defamatory statements, an equally important legal question is whether the operators of websites, forums and social media platforms can themselves be liable for defamatory content posted by users. 

At Pinney Talfourd, we advise both individual and commercial clients on bringing and defending claims for defamation.

Online platforms can be held liable for defamation if they fail to remove defamatory comments made by anonymous users, but this liability is subject to specific legal frameworks and defences.

Statutory legislation

Under the Defamation Act 2013, section 5, website operators have a defence against liability for defamatory statements posted by third parties if they comply with the prescribed complaints procedure. However, if the original author of the defamatory content is unidentifiable and the platform fails to act expeditiously upon receiving notice of the defamatory content, the defence may not apply, leaving the platform exposed to liability.

Previously decided case law

In Tamiz v Google Inc [2013] EWCA Civ 68, the Court of Appeal held that an online intermediary could be liable as a secondary publisher if it failed to remove defamatory content after being notified. Similarly, in Godfrey v Demon Internet Ltd – [2001] QB 201, an internet service provider was held liable for failing to remove defamatory content after becoming aware of it.

In summary, online platforms can be held liable for defamation if they fail to remove defamatory comments made by anonymous users, particularly when they are notified of the content and do not act promptly. However, liability depends on whether the platform complies with statutory defences, such as those under the Defamation Act 2013, section 5, and whether it acts as a passive intermediary or exercises control over the content.

How Pinney Talfourd can help

If you believe you have been the victim of defamatory online content, or you need advice about responding to allegations of defamation, our specialist Dispute Resolution team is here to help. To discuss your situation with a member of the team, call 0800 011 1195.