Defamation Act 2013 – Guidance and FAQs on Section 5 Regulations
The Defamation Act 2013 rebalances the law on defamation to provide more effective protection for freedom of speech while at the same time ensuring that people who have been defamed are able to protect their reputation.
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In accordance with this aim, Section 5 of the Act creates a new defence to an action for defamation brought against the operator of a website hosting user-generated content.
To benefit from the defence the operator must comply with a process prescribed in Regulations on receipt of a notice of complaint about allegedly defamatory material that has been posted on the website.
These documents provide guidance for all those involved on how to use the Section 5 process and answer some frequently asked questions.