Defamation Act 2013 c. 26

Section 5 of the Act sets out a new defence from liability in defamation, for the benefit of website operators. By virtue of this provision, such intermediaries are exempt from liability for defamatory statements uploaded onto their websites by the websites’ users. However, this defence can be overcome if the claimant proves: that it was not possible for the claimant to identify the person who posted the statement, that the claimant gave the operator a notice of complaint in relation to the statement, and that the operator failed to respond to the notice of complaint in accordance with any provision contained in regulations which are to be established under section 5(5) of the Act.

 

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