ISPs 'not liable' if Bulger killers' names get published online

ISPs will not be held accountable if the new identities of Jamie Bulger's murderers are published on the internet without the service provider's knowledge.

Dame Elizabeth Butler-Sloss, High Court judge and president of the Family Division at the Lord Chancellor's Department, approved changes to the injunction after Demon internet complained it was unfair that ISPs should automatically be found in contempt of court through no fault of their own.

In a statement Thus said it understood the seriousness of the issues dealt with in the injunction and fully supported the law but claimed clarification was needed.

"The injunction as it stands covers all content on our servers which is generated on the internet worldwide and what we have asked the court today is to define the parameters of our responsibility."

Dame Butler-Sloss agreed that the original injunction was inappropriate and should be modified.

The latest version of the injunction states that the order only applies to ISPs if they have actual knowledge of the breach and fail to take reasonable steps to prevent publication or block access.

Michael Tugendhat QC for Thus hinted that the ISP had been looking for greater protection than that afforded by Butler Sloss.

When asked if he was happy with the agreement he claimed that happy was not the word adding, "but we have all signed it". The Attorney General and the lawyers acting for Venables have all agreed the modifications.

However, Dame Butler-Sloss claimed a considerable degree of protection was being offered to ISPs.

Robert Carolina, partner in the technology and communications at London law firm Tarlo Lyons, denied it was a case of ISPs once again side stepping responsibility.

"Why should ISPs be saddled with the responsibility of monitoring all content? They carry so much information that if we tell them to look through everything published the cost model of that business would skyrocket.

"If you make ISPs liable for information published without their knowledge then a lot of companies will think twice about being in that business in the first place," he added.

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