Totalise plc v Motley Fool Ltd and Another
Before Mr Justice Robert Owen
Judgment February 19, 2001


In the above case, a UK Court ordered a website operator to disclose the identity of the source of defamatory material posted by an anonymous contributor to its discussion board. Motley Fool Ltd and Interactive Investor Ltd operated websites. The websites contained discussion boards which acted as discussion forums for various companies including Totalise plc, an internet service provider.

Motley Fool had made an undertaking to its users that it was committed to protecting and respecting their privacy, and that it would not disclose any information about individual users, except as described in its privacy statement, or to comply with applicable laws or valid legal process. An anonymous user known only as Zeddust posted material which Totalise considered to be defamatory in its regard, and, when Totalise sought disclosure of Zeddust's identity Motley Fool refused to provide such information, relying on provisions in the Contempt of Court Act 1981 and the Data Protection Act 1998

Until this case, the law in relation to defamation in this area was unclear. But in general there is a recognition that intermediaries who transmit information originating from third parties should not be absolutely liable for the actions of their users. The issue of intermediary liability on the Internet is of vital importance, and is yet to be clarified in the courts.

Section 10 of the UK Contempt of Court Act 1981 provides: "No court may require a person to disclose ... the source of information contained in a publication for which he is responsible, unless it be established to the satisfaction of the court that disclosure is necessary in the interests of justice or national security or for the prevention of disorder or crime." Mr. Justice Owen in Totalise plc held that disclosure was in this case necessary in the interests of justice, and warned that the courts will not allow individuals to defame with impunity on websites such as discussion boards and to hide behind the anonymity that the internet allows.