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US court limits defamation scope in Internet case
San Francisco, June 25: In what was hailed as a victory for free speech on the Internet, a US appeals court ruled on Tuesday that a person who distributes another`s e-mail cannot be sued for libel based on its content.
San Francisco, June 25: In what was hailed as a victory for free speech on the Internet, a US appeals court ruled on Tuesday that a person who distributes another's e-mail cannot be sued for libel based on its content.
The case involved a handyman, Robert Smith, who heard one of his clients say she was the granddaughter of one of "Adolf Hitler's right-hand men." After he overheard Ellen Batzel claim to be related to Gestapo chief Heinrich Himmler, he came to believe that the paintings in her home were stolen.
Smith then wrote an e-mail to Ton Cremers at the Museum Security Network site in Amsterdam. "I believe these paintings were looted during World War Two and are the rightful legacy of the Jewish people," he wrote.
Smith then wrote an e-mail to Ton Cremers at the Museum Security Network site in Amsterdam. "I believe these paintings were looted during World War Two and are the rightful legacy of the Jewish people," he wrote.
After making some minor changes, Cremers included the e-mail in a mailing to hundreds of museum security officials. Smith later said he did not want the e-mail sent.
Batzel sued Smith and the Netherlands Museum Association for defamation, saying she was not a Nazi descendant and did not inherit any art.
Bureau Report