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Speedier complaint process for damaging online posts

A review of Irish defamation laws today (1 March) has honed in on online media and service providers.

The review wants provision for a statutory ‘notice of complaint process’ that would make takedowns easier, quicker and cheaper.

The beefed-up framework will allow parties who believe they have been defamed to either notify an online publisher about the content and request its removal, or request the identification of the poster. 

'Expeditious' removal

It also calls for a timeframe for the required ‘expeditious’ removal of defamatory content. 

The report says that that the defence of ‘innocent publication’ should apply to website operators in relation to user-generated comment – subject to the obligation to take down content quickly, or identity a poster, if notified of defamatory content. 

The review also backs a 2016 proposal made by the Law Reform Commission, to give the Circuit Court and the High Court the power to grant a ‘Norwich Pharmacal’ order, directing an intermediary services provider to disclose the identity of an anonymous poster of defamatory material.