Defamation Act 2013 c. 26

Document type
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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Topic, claim, or defense
Defamation or Personality Rights
Document type
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Data Retention or Disclosure
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)