Is a link to illegal content illegal in the UK?

April 15, 2011 9:40 AM

In the UK, can a link on a website to illegal content (in this case a version of the leaked BNP membership list) itself be considered against the law?

I received an email demanding the removal of a link on my old blog to content that is definitely on the wrong side of the law - publishing the BNP membership list is prohibited by a court injunction.

So, I don't doubt that the site I link to is in contempt of court (or similar?), but I can't find any case law regarding the legality or otherwise of my link.

Apparently Hird v Wood (1894) establishes that pointing to a placard bearing defamatory material is sufficient to constitute publication of the defamation. But is pointing with a link the same as pointing with a finger?!

If anyone knows of any relevant cases, that would be great.

You can read the full text of the email here, which includes the URL of the possibly offending page.

posted by jack_mo to Law & Government (3 answers total)

Response by poster: Thanks Bwithh - it looks like by linking to another site, you're seen as acting as a 'mere conduit', according to Regulation 17 of The Electronic Commerce (EC Directive) Regulations 2002.

I can't see why that wouldn't apply to my situation in the same way as the copyright-infringement cases. But then I'm not a lawyer, either.
posted by jack_mo at 12:36 PM on April 15, 2011

IANAL. However, a link could very easily be argued to be conspiracy or incitement to a crime (depending on circumstances) in UK criminal law, and, usually in UK civil law, the burden of proof is lower than that...

I'd err on the side of caution, or get legal advice here...
posted by prentiz at 4:21 PM on April 15, 2011

Response by poster: Yeah, after another threatening email, I'm (temporarily) taking down the link and seeking professional advice. Let's hope the 'further action' threatened doesn't involve skinheads with baseball bats.

Thanks for the advice everyone.
posted by jack_mo at 6:10 PM on April 15, 2011