How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

HiOn a Scottish based web site an anonymous person posted

Resolved Question:

Hi
On a Scottish based web site an anonymous person posted some possible defamatory comments about my company.
I notified the web site asking them to be taken down which they did but am wondering if its possible to pursue this legally to find out who the original poster was by IP address, etc
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I'm not sure about the technicalities of whether the web host can find out the name of the person who posted the defamatory remarks, however, there is a precedent for disclosure of information by web hosts of information. You will remember the phone hacking scandal. Web hosts were served with court orders for disclosure of individuals. So there is no legal reason why you could not apply for a court order in the circumstances you describe.
In Scotland it would likely be an application under section 1 of the Administration of Justice (Scotland) Act which is where the court can grant warrant for the retrieval of documents or information likely to be required in subsequent court proceedings, such as the defamation action you are contemplating.
It goes without saying that you will need your own lawyer to make this application on your behalf.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 2 years ago.
Here is the relevant provision:
"Extended powers of courts to order inspection of documents and other property, etc.
(1)Without prejudice to the existing powers of the Court of Session and of the sheriff court, those courts shall have power, subject to the provisions of subsection (4) of this section, to order the inspection, photographing, preservation, custody and detention of documents and other property (including, where appropriate, land) which appear to the court to be property as to which any question may relevantly arise in any existing civil proceedings before that court or in civil proceedings which are likely to be brought, and to order the production and recovery of any such property, the taking of samples thereof and the carrying out of any experiment thereon or therewith."
JGM and other Scots Law Specialists are ready to help you