Tony
>Date: Fri, 13 Mar 1998 14:35:16 +1100
>To: ctee@emu.melbpc.org.au
>From: Stan Johnstone <stanj@melbpc.org.au>
>Subject: Press Release - ISPs Vulnerable in Defamation Cases
>Mime-Version: 1.0
>
>Melbourne PC User Group, Australia PRESS RELEASE
>
>Embargoed until 10am EDST 16 March 1998
>
>ISPs VULNERABLE IN DEFAMATION ACTION AGAINST THEIR USERS
>
>Australia's Largest PC User Group Settles Out of Court
>
>MELBOURNE, Australia, 16 March 1998 - Australia's largest PC user group,
>Melbourne PC User Group (Melb PC), a not-for-profit association, has
>settled out of court a claim brought by a UK-based litigant.
>
>Melb PC acts as an Internet Service Provider (ISP) to about 4400 of its
>11,000 members. The action involved a defamation suit arising from
>comments allegedly made from the account of one of its subscribers in
>a Usenet newsgroup in October and November 1996. The settlement did not
>have a confidentiality clause or any admission of liability.
>
>Melb PC's Honorary President, Stan Johnstone, has mixed feelings about
>the outcome and said, "I wish to be clear that we are not commenting on
>the alleged defamation. Our concern is that an Australian ISP still
>runs the risk of being treated as a publisher by a court anywhere in
>the world."
>
>Added Mr Johnstone, "This case had the potential of becoming a landmark
>case for ISPs and Usenet participants alike, particularly in the United
>Kingdom and Australia. Although we were confident of winning the case
>as an ISP, we are primarily a volunteer organisation and did not like
>to speculate our members' money to fight an action in the UK courts.
>We believe there is presently litigation on similar matters involving
>a Toronto newspaper and a New Zealand government entity, both of whom
>must have deeper pockets, so let us see what develops there. We were
>dragged into this action because UK law fails to clearly recognise
>that an ISP carries a vast amount of Internet traffic and cannot
>reasonably be expected to act as a moderator between Internet users.
>
>"The range of disputes which could arise between Internet users around
>the globe is endless, and no ISP - let alone a volunteer organisation
>- should be held responsible for preventing them.
>
>Best known as Australia's largest PC user group, Melb PC is recognised
>around the globe as a leader in the user group movement and is the
>second largest in the world (after HAL-PC of Houston, Texas). Founded
>in 1984, Melb PC has a motto of "Users Helping Users", wherein
>volunteers run a variety of services for the group's members. For
>example, Melb PC provides a bulletin board service, a 64-page,
>award-winning magazine, PC Update, and a venue for meetings, large
>and small. At these meetings members learn more about their areas of
>interest. All of the group's services are designed to help its members
>get the most from their computing activities. Melb PC members include
>members of two state Parliaments, corporate and community leaders,
>business professionals, home users, retirees, and students.
>
># # #
>All trademarks mentioned are trademarks of their respective companies.
>
>For media interviews, please contact:
>Stan Johnstone, President
>Telephone: +61 419 531 848; Fax: +61 3 9578 3091
>Email: president@melbpc.org.au
>Web: http://www.melbpc.org.au
>
>For Melb PC membership enquiries, please contact:
>Telephone: +61 3 9699 9222; Fax: +61 3 9699 6499.
>
>Callers outside Australia are requested to use e-mail if they cannot call
>during Australian Eastern Daylight Time
>business hours 9 AM to 5 PM (2200 to 0400 UTC)
>
>
>
>
> ~~~~~~~~~~~~~~~~~~~~~~~~~~ Stan Johnstone ~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> mailto:stanj@melbpc.org.au Voice/fax: +61 3 9578 3091
> Mail: 13 Thomasina Street, Bentleigh East 3165 Victoria Australia
> ________________ President - Melbourne PC User Group _________________
>
__________________________________________________________
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