Part 4 - Material Posted by Readers

Question 1

Which statutory instrument offers a defence in respect of unmoderated material which is in breach of criminal or civil law? Name some examples of possible breaches.

Answer 1

Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002.

• breaches of the Contempt of Court Act 1981
• breaches of injunction
• breaches of automatic anonymity, e.g. for victims of sexual offences or juveniles concerned in youth court proceedings
• breaches of anonymity a court has bestowed

Question 2

What is the requirement of the defence offered by Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002?

Answer 2

That the offending material is removed, or public access to it disabled, ‘expeditiously’ by the website operator when a complaint is made about the comment or the operator is otherwise made aware or realises that it is unlawful.