Which defamation defence is applicable for moderated comments posted online?

The appropriate defense for moderated comments posted online is rooted in Section 5 of the Defamation Act 2013. This provision provides a specific defense for website operators against defamation claims, contingent upon the operator taking reasonable steps to ensure that the comments are moderated. This means that if a website has a system in place to review comments and remove harmful content, it can effectively defend itself against defamation claims that arise from user-generated comments.

This defense is particularly relevant in the age of social media and online forums, where users generate vast amounts of content, some of which may be defamatory. Section 5 encourages the moderation of this content, promoting responsible management of online platforms while shielding operators from liability when they put in place reasonable measures to control or assess the outputs on their site.

While other options, like truth as a defense, could apply in broader contexts of defamation, they do not specifically address the situation of online comments in the manner that Section 5 does. The public interest defense also serves specific circumstances but does not directly pertain to moderated comments in the same way as Section 5. Regulation 19 pertains to the EU framework and does not focus on defamation laws specific to moderated content.