[WikiEN-l] Libel law

Wed Dec 7 11:29:34 UTC 2005

Kelly Martin wrote:
> On 12/6/05, Steve Block <steve.block at myrealbox.com> wrote:
> 
>>My questions are, has the wikipedia foundation received advice on how it
>>is affected by libel law in England and Wales?
> 
> 
> The Wikimedia Foundation is not subject to the law of England or Wales
> (since it lacks a legal presence there), and a judgment found against
> the Foundation in that jurisdiction would be subject to a First
> Amendment analysis under United States law before enforcement might be
> had in the United States.  Such analysis would defeat most libel
> judgments based on English or Welsh law, rendering them unenforceable.
>  Furthermore, there are defenses in United States law that render the
> Foundation immune to defamations actions for the actions of its
> volunteer editors; those defenses would also be available in a hearing
> to determine whether to enforce a foreign judgment.
> 
> It would be advisable for the Wikimedia Foundation to avoid
> establishing a legal presence within the jurisdiction of countries
> which lack adequate protections for free speech, however.

Hmmm.  Does Wikimedia have a legal presence in the European Union?  If
so I'd keep an eye on what the EU do with regards to proposal for a
regulation of the European Parliament and of the Council on the law
applicable to non-contractual obligations.  That could lead to Wikimedia
being open to suit in England and Wales.

Is there any thoughts on private individuals?  Are we open to libel
suits if we edit a page containing a libellous statement and fail to
remove it completely from the edit history?

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