ABSTRACT
Employers have a duty not to allow defamatory material to be published on email or the internet. Libel is defamatory written material and can include emails and information posted on the internet. Norwich Union was found to have libelled, through its internal email system, a competitor, Western Provident Association. In the Norwich Union case the company was vicariously liable for the defamatory comments of its employees. Under the Defamation Act 1996 anyone who is the author, editor or publisher of a defamatory statement is strictly liable, that is, knowledge or intention are not required. There are a number of defences available to a defendant such as the statement was true, 'qualified privilege', fair comment and justification. The court considering the matter acknowledged the instantaneous nature of posting to the internet, accepted that it was simply not feasible for Compuserve to examine every posting and exonerated the company from liability.
