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The Act changed a number of defamation procedures. All defamation cases under the Senior Courts Act 1981 in the Queens Bench Division, and the County Courts Act 1984, which were "tried with a jury" unless the trial requires prolonged examination of documents, are now "tried without a jury", unless the court orders otherwise.
Section 4 of the Defamation Act 2013 created the defence of "publication on a matter of public interest". This replaced the common law Reynolds defence, abolished by subsection 4(6). [7] However the ten criteria set out in Reynolds are still considered relevant in some circumstances when considering whether a publication was in the public interest.
The Defamation Act 2013 brought some changes to libel cases, [33] which were expected to make it harder for corporations to abuse libel law. [34] The McLibel case also raised awareness about how defamation proceedings can harm the reputation of companies that raise them, [35] similarly to the Streisand effect.
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The act was passed by the 111th United States Congress and signed into law by President Barack Obama. [8] In 2014 the Ninth Circuit Court ruled in Obsidian Finance Group, LLC v. Cox [9] that liability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages. [10]
Paragraph 11A was inserted by section 7(5) of the Defamation Act 2013. New paragraphs 13(2) to (4) were substituted for paragraphs 13(2) to (5) by section 7(7)(b) of the Defamation Act 2013. Paragraph 14A was inserted by section 7(9) of the Defamation Act 2013. Paragraph 15 was substituted by section 7(10) of the Defamation Act 2013.
Section 5 of the Defamation Act 2013 (c.26) provides a defence for the operator of a website where a defamation action is brought in respect of a statement posted on that website if it was not the operator who posted the statement.
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