Defamation Bill Update

The Ministry of Justice has published a summary of the responses to its consultation on a revised Defamation Bill.

It’s clear that many others share our concern about the position of Internet hosts, who currently have a strong incentive to remove third-party material whenever they receive any complaint, whether or not it is well-founded. The “majority of responses supported giving greater protection to internet intermediaries and discussion boards” (para 12), though some were concerned that this might leave claimants with little effective protection when postings could be both international and anonymous. Various alternative approaches were suggested including the host being required to pass messages between the claimant and the author, or only removing material when ordered to do so by a court, or being required to provide a right of reply or cautionary notice. There was also considerable support for a clarification of what the law actually requires, particularly as the current balance of liabilities encourages hosts to take a cautious interpretation. The consultation suggested that the notice-and-takedown process might be defined in law, but the responses were evenly divided on whether or not this would improve the current position, and on who this would benefit.

The Government will now be considering these responses, as well as the comments  from the Parliamentary Joint Committee, and plans to publish a response “early in the new year”.