News

Website Host Liable for Customers' Posts 
Posted on Thursday, September 01, 2005 - 01:24 PM

In a summary judgment issued on 1 September 2005, the District Court of Singapore held that Jeyel Technologies, the hosts for sggirls.com, was liable to Perspectives Models for copyright infringement after pictures of two of its models were posted on the website. The ruling was a landmark decision that had far-reaching implications for other websites that allow users to post content such as pictures, ringtones and text.

The facts are not very clear from the newspaper reports. However it appears that Jeyel had removed the posted pictures upon receipt of a notice from Perspectives' lawyers. But Perspectives was not satisfied as this had happened before. Thus they sued.

This appears to turn on its head accepted principles relating to the liability of hosts.

Prior to this case, it was accepted that hosts (as Network Service Providers) can rely on the immunity provided by s.193D of the Copyright Act if it complies with the 'takedown' requirements set out in the Act. From the brief facts reported, it appears that Jeyel had done so. Yet they were held liable.

As this is a summary judgment hearing, there may not be any written jugdment. However, if one is written, we will provide further comments once it is out.