Internet firm wins change in Bulger killers’ injunction

Britain’s top woman judge today agreed that an injunction protecting James Bulger’s killers was ‘‘inappropriate’’ against Internet service providers.

Service provider Demon Internet went to the High Court to argue that the injunction should be varied so that it could not be held responsible for contemptuous material posted on its web pages.

President of the Family Division, Dame Elizabeth Butler-Sloss, who imposed the injunction, which is designed to keep Robert Thompson and Jon Venables’ new identities and whereabouts secret, was told that all the parties represented in court agreed that the form of the order was inappropriate.

Demon’s case is that currently it could be held responsible for breaching the injunction thus facing a fine or even jail through no fault of its own.

Mr Michael Tugendhat QC, for Thus plc, which operates as an Internet service provider under the name Demon, told the judge: ‘‘Everybody in court today agrees that the form of the order which was made in January and altered in June is inappropriate for service upon an Internet service provider.’’

The judge said she agreed, adding: ‘‘I do not think it is what I intended by my order.’’

Mr Tugendhat said the question was therefore what to put in its place.

He told the judge that Andrew Caldecott QC, for the Attorney General, had proposed a variation for the consideration of the court and the parties, including Jon Venables’s lawyers.

The hearing was then adjourned for the parties to discuss the proposal.

They were expected to return to court shortly.

The order under discussion would provide that an Internet service provider will not be in breach of the injunction unless it, or any of its employees or agents:

:: Knew that the material had been placed on its server or could be accessed using its server, or

:: Knew that the material was likely to be placed on its server, or was likely to be accessed using its server, and in either case

:: Failed to take all reasonable steps to prevent the publication.