Draft Defamation (Operators of Websites) Regulations 2013 published
Draft regulations setting out notice and take-down procedures for operators under the Defamation Act 2013 have been published.
In the May issue, Taylor Wessing reported on the Defamation Act 2013, which, among other things, will introduce new defences to defamation actions for website operators in relation to statements posted on websites. Under s5 of the act, it is a defence to an action for defamation if the operator can show it did not post the offending statement. The defence is defeated if the complainant can show it is not possible to identify the person who posted the statement, the complainant gave the operator a notice of complaint in relation to the statement and the operator failed to respond to the notice of complaint in accordance with any provision contained in the regulations setting out how the operator should respond…
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