TortDefamation - entries defamatory of claimant placed on Web site discussion boards - claimant seeking identity of Web site user - Web site operators to disclose identity of userTotalise plc v The Motley Fool Ltd and Another: QBD (Mr Justice Robert Owen): 19 February 2001The claimant was an Internet service provider.

The defendants were operators of Web sites which contained discussion boards, which acted as fora for various companies including the claimant Internet service provider.

A Web site user, Z, posted defamatory comments against the Internet service provider on the defendants' Web sites.

Following complaints by the claimant's solicitors the defendants removed Z's comments, but refused to disclose the identity of Z The claimant sought an order for disclosure of Z's identity.Patrick Moloney QC (instructed by DLA) for the claimant; Christopher Style, (solicitor advocate) (instructed by Linklaters & Alliance) for the first defendant, Motley Fool Ltd; Richard Kiddell (solicitor advocate) (instructed by Stephenson Harwood) for the second defendant Interactive Investor Ltd.Held, granting the application, that the power conferred on an defendant to assist a person who had been wronged by giving him full information and disclosing the identity of wrongdoers was not restricted by section 35 of the Data Protection Act 1998; that the defendants took no responsibility for what was posted on their discussion boards, and exercised no editorial control, but simply provided a facility for discussion and were not responsible for the publication of material within the meaning of section 10 of the contempt of Court Act 1981; that disclosure was necessary in the interests of justice; that the contents of the postings were defamatory and a prima facie case had been made against Z of a serious nature; that Z had carried out a concerted campaign to a potentially vast audience of no geographical limit and the claimant was at risk of serious damage; and that, accordingly, the balance fell in favour of claimant.