Cabinet Office
1.10.1 Basic principles
The general perception is that legal issues do not apply to the Internet. This section provides summary information on core issues. Web managers are advised that when there is any doubt then legal advice should be sought.
1.10.1.1 Content disclaimers
Public sector websites should not automatically contain disclaimers about content. There is no more reason to include a general disclaimer on a website than there would be to do so with respect to equivalent hard-copy material. On the other hand, the much-increased accessibility of material published on a website might in some instances more readily suggest that a disclaimer is appropriate. An assessment of whether a content disclaimer is needed can only really be made on a case-by-case basis. The department or other public body needs to consider the accuracy of the material, the source of the material and the projected use of and reliance on the material. Disclaimers could well be relevant where information originating from outside government is made available on a public sector website. In such circumstances, bearing in mind the potential for defamation and inadvertent infringement of third-party copyright, it might be prudent to include some form of disclaimer along the following lines:
The following information [specific document, etc] is provided for convenience as part of the service we offer at this website. However, the [XYZ Department/Agency (etc)] cannot accept any liability for its accuracy or content. Visitors who rely on this information do so at their own risk.
Go to1.10.8 Specimen terms and conditions
1.10.1.2 Legitimate expectation
Information published on a website can create a legitimate expectation as to procedure or substantive policy, just as can the hard-copy equivalents. This also means that any mistake in the course of publication on the Internet could have serious consequences in light of the sheer speed of dispersal of information and the numbers of hits that the more popular websites receive each day.
1.10.1.3 Defamation
The risk of defamation is not diminished by virtue of electronic publication. Anything on the website that looks like it could injure a person's reputation should be scrutinised thoroughly and legal advice sought when in doubt. This applies whether the material was authored by civil servants (or other public sector employees) for the website or originates elsewhere. Even in situations where a public sector website is merely a transient host, such as for a discussion group or question and answer session, defamation will still be an issue.
When the manager of a website first learns that there may be defamatory material on the site, it is vital that swift action is taken to assess the situation. Such action can help to preserve available defences such as innocent dissemination. Where there is any doubt at all, it may be best to remove the offending material from the site until a properly informed decision can be reached.
Some public sector bodies may wish to publish material covered by the Parliamentary Papers Act 1840 on their website. In the ordinary course, the publication of material coming within that Act (that is, published by or under the authority of either House of Parliament) has the benefit of absolute privilege from defamation actions. However, it has been suggested that publication on the Internet does not attract the protection of the 1840 Act, no doubt because such a medium of publication was not contemplated.