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Review of Model Defamation Provisions – Stage 2 Discussion Paper | Communities and Justice

Accessible image descriptions

Page 6 table

This figure is a table outlining the Stage 1 and Stage 2 MDP reforms. The table has two columns. The first column is Stage 1 MDP reforms agreed in July 2020, including:

  • Clarification of the cap on damages for non-economic loss
  • Introduction of a new public interest defence
  • Introduction of a serious harm threshold
  • Introduction of a single publication rule
  • Introduction of a mandatory concerns notice procedure.

The second column is Stage 2 and outlines what this discussion papers asks:

  • Part A: What is the liability of internet intermediaries for defamatory material published online by third-party users?
  • Part B: Should absolute privilege be extended to reports of illegal and unlawful conduct made to police and statutory investigative bodies, and employers and disciplinary bodies?

Page 35 graphic

The image illustrates the relationships between three categories of internet intermediaries in a layered diagram that emphasis the order in which these intermediaries are used, and how they interact with each other. On the left side of the diagram is a speech bubble, symbolises a user comment/ third party content. On the right side of the diagram is a network symbol representing other people being communicated to. The three layers are all drawn as arrows representing the movement of a comment from a single user, to a network of people on the internet.

The three categories are:

  1. Basic intent services
  2. Digital platforms
  3. Forum hosts

Basic internet services are defined in this infographic as, “Mere conduits who passively facilitate the transmission and storage of content on the internet. Neutral towards content.” They are presented as the bottom layer, meaning they are used right throughout the process of publication online and other intermediaries are engaged on top of their services.

The second/ middle layers is digital platforms. These are defined as “Online platforms that collect and push out user generated content through rankings usually managed by algorithms.” They sit on top of basic internet services, to show that users will engage with the, through basic internet services.

The final/ top layer is forum hosts. These are defined as, “Administrators of pages and forum on digital platforms who provide opportunity for user comments and have moderation capability”. Forum hosts are accessed by users via digital platforms and basic internet services.

Page 103 flowchart

This flowchart is an overview of the UK notice of complaint procedure for website operators with LCO proposal comparison.

The flowchart has a single starting point which is when a complaint notice is made.

  1. Complaints notice made
  2. Does notice comply with requirements?

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