Defamation Act 2013: The Section 5 Regulations, cumbersome and of questionable benefit? – Alexia Bedat

7 03 2014

Operators of WebsiteMuch has been written on the mental gymnastics required by the Defamation (Operators of Websites) Regulations 2013 (“the Regulations”) issued under section 5 of the Defamation Act 2013 (“the Act”). The policy background to the legislation was stated in the following terms in the Explanatory Memorandum for the Regulations: Read the rest of this entry »





Defamation Act 2013: Section 5, it’s decision time for website operators – Ashley Hurst

6 01 2014

WebsiteWith the Defamation Act 2013 (the “Act”) now in force, the first section 5 notices will no doubt already be rolling in and website operators will be deciding whether or not to employ the new defence. To assist in their decision, the Ministry of Justice (“MOJ”) has whittled its guidance on the section 5 Regulations (the “Regulations”) down to 8 pages (guidance) and added a few more “frequently asked questions”, bringing the total number to 56 (FAQs). Read the rest of this entry »





Defamation Act and “Operators of Websites” regulations: in force 1 January 2014

21 11 2013

lord-mcnallyRegulations governing the operation of the new defence for website operators featuring user-generated content which is set out in section 5 of the Defamation act 2013 have been approved by both Houses of Parliament.  The Act, and the Regulations, are to come into effect on January 1, 2014, justice minister Lord McNally has told peers. Read the rest of this entry »





Anonymous posters and the new Defamation Act: the draft regulations – Graham Smith

29 08 2013

Anonymous PosterSection 5 of the Defamation Act 2013 provides (or will do when the Act comes into force) a complete defence from a defamation claim for a website operator who can show that it did not post the statement on the website.  This is a significant new protection for website operators. Read the rest of this entry »





The Section 5 Defamation Act Regulations: A complex red herring – Ashley Hurst

16 08 2013

redherring-2The Ministry of Justice (the “MOJ”) last week published its draft regulations (the “Regulations”) for the notice and take-down procedure for website operators under Section 5 of the Defamation Act 2013 (“Section 5” and the “Act”).  Read the rest of this entry »