The Defamation (Operators of Websites) Regulations 2013 No. 3028

SCHEDULE Actions to be taken by operator in response to notice of complaint in order to maintain section 5(2) defence

Response to notice of complaint: poster does not wish statement to be removed from website locations

8.—(1) This paragraph applies where—

(a) the operator acts in accordance with paragraph 2 in respect of a notice of complaint;

(b) the poster responds to the operator within the period specified in paragraph 2(1)(b)(i); and

(c) the poster does not wish the statement to be removed from the locations on the website specified in the notice of complaint.

(2) Where this paragraph applies the operator must, within 48 hours of receiving the response—

(a) inform the complainant in writing—

(i) that the poster does not wish the statement to be removed; and

(ii) that the statement has not been removed from the locations on the website specified in the notice of complaint; and

(b) where the poster—

(i) has consented to the operator providing the poster’s name or address to the complainant, provide that information to the complainant in writing; or

(ii) has not so consented, notify the complainant in writing of that fact.