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Gambling: Forum Owners Beware

An Irish civil action for libel that has been running since 2004 is still some way from conclusion, but its central issue will be of interest to all owners of Internet message boards, and reinforces the need for discipline to avoid some posters going too far, and for the timeous removal of defamatory third party material.
 
The Post.ie reports that the case was heard in the Irish High Court last month after two Irish bookies, Seamus Mulvaney and Ellen Martin, launched libel proceedings against The Sporting Exchange Ltd, parent group of Betfair. The duo claimed that members on Betfair's forum published defamatory comments about them.
 
Betfair argued that the 2003 Irish regulations implementing the 2001 European E-Commerce Directive, a law designed primarily to shield Internet Service Providers from liability arising from 3rd party content, protected it from the consequences of its forum users posting defamatory comments on its forums.
 
The High Court supported Betfair's defence - and this is important - despite a clause in the directive that excluded gambling activities from protection. In noting that the message board was not part of the cpompanys core betting activities, the judge in the case, Mr Justice Frank Clarke said: "It follows that the gambling exclusion does not prevent Betfair from placing reliance on the E-Commerce Directive as a defence in these proceedings."
 
The judge also found that a chat room was an ‘‘information society service’’ for the purpose of the regulations, so Betfair qualified as a ‘‘relevant service provider’’. Betfair was therefore entitled to the protection of the regulations, provided it could establish that it was unaware of the alleged defamation and took prompt action once the matter was brought to its attention.
 
Feidhlimidh Wrafter, one of Betfair's legal team, said after the decision was handed down: “That’s really what the judgment’s saying, that gambling companies that operate a chatroom are now considered to be protected by the EU directive. It’s on appeal but it’s certainly a judgment that we’re very pleased with and we think it’s the right one.”
 
The High Court judge hearing the case found that Betfair was an intermediary service provider and therefore had limited liability because its chatroom was not core to the company’s main betting business. Betfair stored third party information on its servers and could therefore be defined as acting as a host in terms of the E-Commerce Directive, Mr Justice Frank Clarke ruled.
 
The plaintiffs are taking the case on appeal, and the ruling must therefore be regarded as a preliminary measure that simply confirms that the E-Commerce directive is an acceptable defence. Betfair will still have to show that it was unaware of the chatroom comments, and that it acted with reasonable alacrity in removing the defamatory material as soon as it became aware of its existence.
 
The case is likely to run on for over a year, given the full rolls in the Supreme Court where the appeal has been lodged



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NHL Odds: Lone Canadian Team Plays on Friday - “Stingy” is a word that many have used to describe the Ottawa Senators in Round Three. The Sens know that they’re overmatched against a Pens lineup that features the likes of Sidney Crosby, Evengi Malkin and Phil Kessel, but with determined defensive play, Ottawa managed to frustrate the Penguins on their home ice, stealing one of two games.

NBA Odds: Will Cavaliers Be Rusty in Game 1? - The Boston Celtics needed seven games to get past the Washington Wizards, but they got the job done Monday night, winning 115-105 as 5.5-point home favourites. Next up: the defending champion Cleveland Cavaliers, who visit the Garden Wednesday night at 8:30 PM ET on TNT.

4 New Microgaming Releases in May 2017 - Candy Dreams is a 720 ways to win, variable reel game. Players spin on a colorful reel area filled with candy treats, as they play towards enticing bonus triggers.

PKR Company Statement Update - Microgaming can confirm that David R Taylor and Matthew R M Wild of RSM Restructuring Advisory LLP were appointed Joint Administrators of PKR Ltd and PKR Technologies Limited on 11 May 2017 by the High Court, Chancery Division.

Microgaming Wins The Spark Award 2017 - The Spark Award celebrates organisations that experiment with ways of working differently. Previous winners include GCHQ and Places for People. It’s a part of Spark the Change, a global movement dedicated to empowering people and building happier workplaces.

NHL Predators First Ever Conference Finals Appearance - With three of the team’s top four point scorers residing on the blueline, the Nashville Predators have found a strategy that frustrates even the best in the West. After qualifying as the lowest-seeded Western Conference team, the Predators made quick work of the Chicago Blackhawks (4-0) and St. Louis Blues (4-1) in the first two rounds.

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