KB-2023-003636 - [2025] EWHC 2043 (KB)

The second defendant is the author of the article, which he intended for publication. The first defendant published the article in print and on its website. It is therefore common ground that both defendants are responsible for the print and website publications (and republications) of the article.

The particulars of claim also rely on publication of the article by the second defendant on his website. The second defendant is not employed by the first defendant and the claimant does not allege that the first defendant is vicariously liable for the conduct of the second defendant. It follows that the first defendant is not responsible for any publication of the article by the second defendant in respect of which the first defendant took no part. Conversely, to the extent to which the second defendant provided links to the first defendant’s website publication of the article, both defendants are responsible for the publications that took place when users clicked on those links.

The claimant has not sued on the app version of the article, so it is unnecessary to consider that version further.