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“Libellous” use of domain name is upheld

OUT-LAW News, 26/10/2001

According to the decision in a recent domain name dispute, an individual can use a domain name containing the name of a government agency for the purpose of criticising the government's activities.

In the case before eResolution, an arbitration body authorised by the Internet Corporation for Assigned Names and Numbers (ICANN), Gerry Coulter, a UK citizen, registered the domain name dorsetpolice.com and used the site to criticise the activities of Dorset police, his local force.

Dorset police then took the case before eResolution, arguing that the person had no right to hold the domain name and that the criticism on the web site was offensive “to a point beyond libellous.”

However, eResolution upheld the name owner's right to register and use the domain name, commenting: ”there is a general, legitimate interest in allowing citizens to use descriptive domain names to publish criticism about their government."

The case is said to represent the first time that a government agency has attempted to obtain a transfer of a domain name that is being used to criticise the government.

 

 

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