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:
- Basic intent services
- Digital platforms
- 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.
- Complaints notice made
- Does notice comply with requirements?
- Yes - Does the website operator have the poster's contact details? Go to point 3.
- Note: (LCO) The LCO proposal seeks to protect the anonymity of the poster. Intermediary platforms are to make no assessment of the merits of the complaint and act as a mere 'go-between' of the complainant and publisher.
- Note: (LCO) Where an intermediary platform is unable to forward the complaint to the publisher or does not receive a written response from the publisher within two days after forwarding the complaint, it shall take down the allegedly defamatory content expeditiously.
- Note: (LCO) An intermediary platform taking down content shall provide notice to the publisher and complainant. If a publisher requests reinstatement, the content will be reposted where there is evidence that the publisher failed to receive the notice or unintentionally missed the deadline.
- No - Within 48 hours: The website operator must notify the complainant that notice does not comply with requirements and set out what the requirements are.
- Within 48 hours of receiving the notice: The website operator must notify the poster and warn the post will be removed unless a response is received within five days. The complainant's identity must not be revealed unless the complainant consents. The website operator must inform the complainant.
- Is a response received from the poster in five days?
- Yes - Does the response include the required information? Go to point 5
- No - Within 48 hours: The website operator must remove the post and inform the complainant
- Does the poster consent to the statement to be removed?
- Yes - Within 48 hours: The website operator must remove the post and inform the complainant
- No - Does the poster consent to their identity being disclosed? If yes, within 48 hours: The website operator must notify the complainant that the poster does not want the post removed and provide the poster's name/address. The post can remain on the website
- Does the poster consent to their identity being disclosed?
- Yes - Within 48 hours: The website operator must notify the complainant that the poster does not want the post removed and provide the poster's name/address. The post can remain on the website
- No - Within 48 hours: The website operator must notify the complainant that the poster does not want the post removed and does not consent to disclosure of their identity. The post can remain on the website. The complainant must seek a court order to obtain the poster's identity.
