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(1)In defamation proceedings or proceedings under Part 2, a court may order—
(a)the operator of a website on which the statement complained of is posted—
(i)to include on the website a prominent notice that the statement is subject to the proceedings, or
(ii)to remove the statement, or
(b)any person who was not the author, editor or publisher of the statement to stop distributing, selling or exhibiting material containing the statement.
(2)For the purpose of subsection (1)(a), a notice is prominent if it is in a place or form that ensures that a person accessing the statement is made aware of the notice every time that the person accesses the statement.
(3)This section does not limit the other powers available to the court in respect of the statement or any person who is publishing it.
(4)In this section, “author”, “editor”, and “publisher” are to be construed in accordance with section 3.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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