The Ministry of Justice have now published detailed instructions for website operators who want to use the new Defamation Act 2013 process to handle allegations that third-party postings are defamatory.
The Government has recently announced that the Defamation Act 2013 will come into force in England and Wales on January 1st 2014. Section 5 of the Act addresses a couple of problems that have particularly affected Janet customers who operate websites.
Implementation of the new provisions for website operators under the Defamation Act 2013 has come a step closer, with the Ministry of Justice seeking comments on draft implementing Regulations. INFORRM has a summary of the process, with a helpful flowchart.
Tuesday's parallel session on legal and regulatory issues will cover new measures for enforcing the law (including copyright and defamation) on line, as well as an update DNS and regulation. Also watch out for a plenary talk on the future of network regulation on Wednesday.
The passing of the Defamation Act 2013 this week removes a couple of areas of legal uncertainty if you run a website, blog, etc. and someone else posts an article or comment that may be defamatory. First, provided you aren’t acting maliciously, you don’t risk liability merely by moderating what is posted. Second, the Act tries to ensure that defamation claims are settled either between the author and the person allegedly defamed, or by the courts.
My talk at Networkshop looked at some of the changes going on in the law, especially in the measures that those who operate parts of the Internet are expected or required to take to help deal with unlawful activities on line.
[Updated to add clause 6 on peer-reviewed scientific and academic journals]
The House of Lords debate of clause 5 of the Defamation Bill this week suggested that the Bill might make it easier for universities and colleges to support vigorous debate through their websites.
One of the perverse effects of the current law on liability of website operators is that it discourages sites from checking comments and posts provided by others. Instead the law encourages the operator to do nothing until they receive a complaint.
The Defamation Bill had its second reading in the House of Commons on Tuesday. Most of the MPs who talked about the new defences for website operators (clause 5 of the Bill) seemed to appreciate the complex balance between protecting reputation and protecting free speech, and agreed with the Justice Secretary:
The 21st June sitting of the Commons Defamation Bill Committee provided some hints at answers to my questions about the Bill’s definitions and process.