Much 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: Continue reading
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Tag: Section 5 Regulations
With 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). Continue reading
Regulations 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. Continue reading
Section 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. Continue reading
The 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”). Continue reading
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