Legal Research

UK Web Jurisdiction Case Over Hate Literature

By John Gregory

Out-law.com reports a recent decision of the Court of Appeal for England and Wales, R. v. Sheppard and Whittle, upholding a conviction for publishing hate literature though the material was stored on servers in California.

The connecting factor was that a ?substantial measure of the activities? of the accused took place in England.

This is consistent with the Canadian decision in Citron v Zundel (Canada Human Rights Commission), where the material was also on a California server.

The English (and Welsh) Court held that the material could be held to be published without evidence that anyone actually read it.

It also held that the material was written despite its electronic form.

Any matter for controversy there?

Full post as published by Slaw.ca on February 13, 2010 (boomark / email).