Media law Week 10 - Reader's comments and live broadcasts

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4 Terms

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What is Section 1 of Defamation Act 1996, extended by section 10 of the 2013 Act?

Provides a defence for media organisations against liability for defamatory user comments or live statements where the organisation did not pre-moderate or control the material, and acted promptly to remove the comment or stop the broadcast once it became aware of the defamation

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What is Section 5 of the Defamation Act 1996, extended by section 10 of the 2013 act?

Provides a defence for website operators who moderate their site but did not post the defamatory material themselves, provided they properly respond to a notice of complaint by following the statutory notice-and-takedown procedure, including identifying the original poster, and did not act with malice.

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What is Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002?

Provides a defence for website operators and publishers who did not have actual knowledge of illegal or defamatory content posted by users, provided they remove the material expeditiously once they become aware of it through the notice-and-take-down procedure; however, the individual who posted the content remains personally liable and may still be prosecuted. (About Illegal as well as defamatory)

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What is the name of the law which deals with defamation in reader’s comments?

The Defamation Act 1996, extended by section 10 of the 2013 Act