My Lords, my noble friend has got his answer to Amendment 26 completely wrong, particularly so far as website operators are concerned. I do not care a fig about knowing whether a comment is defamatory; it is obvious that “The food was filthy” is defamatory. What I want to know is whether I can publish it or whether the restaurant says, “No such meal was served on that evening” or “We know this fellow from before and he has been completely unreasonable on other occasions” or gives us some reason that the comment is fair. It is absolutely crucial that Amendment 26 is accepted. Just to know that something is defamatory gives you no information and you can see that with your own eyes; it is obvious. What is not obvious is why it is unlawful. In order to take a reasonably robust attitude to standing between a complainant and the person who has made the posting, and who may well quite reasonably wish to be shy, not least because they think that they have sinned against some large corporation that will skin them in the courts if they are identified, I would want as a website operator, as I imagine other website operators do, too—certainly, those to whom I have talked do—to be in a position to stand behind something that we consider to be fair comment. We need to know why the complainant thinks that it is unlawful. We all know why it is defamatory.
Defamation Bill
Proceeding contribution from
Lord Lucas
(Conservative)
in the House of Lords on Tuesday, 15 January 2013.
It occurred during Debate on bills
and
Committee proceeding on Defamation Bill.
Type
Proceeding contribution
Reference
742 c220GC 
Session
2012-13
Chamber / Committee
House of Lords Grand Committee
Librarians' tools
Timestamp
2015-03-26 19:25:32 +0000
URI
http://hansard.intranet.data.parliament.uk/Lords/2013-01-15/13011578000117
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://hansard.intranet.data.parliament.uk/Lords/2013-01-15/13011578000117
In Solr
https://search.parliament.uk/claw/solr/?id=http://hansard.intranet.data.parliament.uk/Lords/2013-01-15/13011578000117