Defamation Bill

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.

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.

[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.

The Defamation Bill arrived in the House of Lords this week. Most of the debate concentrated on how to reform the definition of defamation and the court processes for dealing with it. However Lord McNally (at Column 934) gave a good summary of the twin problems affecting websites that host content provided by third parties: