Smith v. ADVFN Plc & Ors.
[2010] EWCA Civ 657
In the Court of Appeal, Civil Division
Case Number A2/2008/2139
Before Lord Justice Ward, Lord Justice Richards, and Lord Justice Jackson
Decided on May 11, 2010

Relevancy of the Case: Validity of an appeal in a cyber bullying case involving avatars and pseudonyms

Relevant Facts of the Case

• The appellant established an action group with around 450 members to recover compensation for investors in Longbar International Limited. The company was involved in fraudulent conduct before 2005 via bulletin boards on the financial information website (ADVFN.com).
• However, the respondents openly criticised the appellant’s actions using avatars and pseudonyms. These actions of the respondents allegedly resulted in cyber bullying.

Prominent Arguments by the Counsels

• The appellant’s counsel submitted that the messages posted on the bulletin board against him were defamatory in nature. Further, the respondents’ action of hate campaigns amounts to cyber bullying. They have engaged in misusing the website.

Opinion of the Bench

• The matter should go back to Justice Eady, who is in charge of the list in this branch of the work. The appellant would assist the court by providing a schedule of truly surviving claims or the claims he still wishes to pursue.

Final Decision

• The court dismissed the appeal.