The noble Baroness has misunderstood. Clause 5 is not about whether you can bring a claim. It states:
“This section applies where an action for defamation is brought against the operator of a website”.
It is intended to allocate responsibility between the alleged victim and the website operator, and to decide when the website operator has some kind of duty to keep up because of free speech or to take down, and what information must be provided under the e-commerce directive regulations and under the Bill. It is not asking a whole lot of questions as some kind of new barrier. It is about a proper procedure balancing. I hope that that is clear.