| Abstract |
The Internet is an essential component of contemporary information infrastructure. It brings new life and opportunities into service and other industries of Hong Kong and indeed the whole world. The Internet is unlike any technology that preceded it. The ease and efficiency with which it achieves worldwide communication between unprecedented numbers of people is unparalleled. It has made the world into a global village. Yet existing laws, especially in Hong Kong are not catching up with the emerging legal issues. Among important issues are the question of the liability of Internet Service Providers ("ISPs") for publication of defamatory statements on the Internet and the question of jurisdiction, whether liability should arise in the place where the act of publication occurred or where the fact of publication is established. These are the central themes of this paper. Although the Internet has proved to be an exciting medium of communication, both for home users and ISPs, the question of publication of defamatory statements raises difficult and challenging questions in several jurisdictions.
It is important to understand the role that ISPs play in transmitting information on the Internet. Accordingly, the article first looks at the position of the ISPs in providing various services on the Internet. The article then goes on to examine some of the relevant legislation and the common law background with respect to the law of defamation applying to ISPs. In this connection the author also makes a comparative examination of some of the legislative provisions and judicial decisions of the United Kingdom, Australia, United States and Hong Kong. Finally the author critically examines the adequacy of current law with respect to ISPs in Hong Kong.
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