Defamation complaints procedure

Last updated: [DATE]

Why we have this procedure

Breeders, buyers and reviewers publish their own words on caninebreeder.co.uk. Section 5 of the Defamation Act 2013 gives a website operator a defence to a defamation claim where the operator did not post the statement, provided the operator follows the process set out in the Defamation (Operators of Websites) Regulations 2013 when it receives a complaint. This page explains that process in plain English. The Act applies in England and Wales; we apply the same procedure to content wherever in the UK the complainant lives.

This page is not legal advice. If you are unsure whether a statement is defamatory, consider taking independent legal advice.

Before you complain

A statement is not defamatory simply because you disagree with it or find it unflattering. Honest opinion, and true statements of fact, are protected. If your concern is a review, please read our Review policy first; if it is a listing or message that breaks our rules, the quicker route is usually the report button described on Reporting content, complaints and appeals. You may also want to contact the poster directly if you can.

What a valid notice must contain

Under regulation 2 and section 5(6) of the Act, your notice of complaint must include all of the following:

1. Your name.
2. An email address at which we can contact you.
3. The web address (URL) of the statement, or enough detail for us to find it.
4. The statement itself, and the meaning you say it carries.
5. Why the statement is defamatory of you.
6. Which parts you say are factually inaccurate, or are opinions not supported by fact.
7. Confirmation that you do not have enough information about the poster to bring legal proceedings against them.
8. Whether you consent to us passing your name and email address to the poster.

Send your notice to [EMAIL] with the subject “Defamation notice”, or by post to [COMPANY NAME], [ADDRESS]. If your notice is missing any of these items, we will tell you within 48 hours what is missing, and the statutory process does not start until we receive a complete notice.

What we do within 48 hours

Once we receive a valid notice:

• If we have a way to contact the poster, we send them a copy of your notice (with your name and email removed if you did not consent to sharing them), tell them the statement may be removed unless they respond within 5 days, and tell them that we will not release their contact details to you without their consent or a court order. We also acknowledge your notice.
• If we have no way to contact the poster, we remove the statement within 48 hours and tell you we have done so.

The poster’s 5 days

The poster has 5 days to respond. Their response must state whether they agree to the statement being removed. If they do not agree, they must give us their full name and postal address, and say whether they consent to us passing those details to you.

What happens after the 5 days

• No response, or an incomplete response: we remove the statement within 48 hours after the deadline and tell you.
• The poster agrees to removal: we remove the statement within 48 hours and tell you.
• The poster refuses removal and consents to sharing their details: within 48 hours we tell you they have refused and send you their name and postal address. The statement stays online, and you may pursue the poster directly.
• The poster refuses removal and does not consent to sharing their details: within 48 hours we tell you they have refused and that they did not consent. The statement stays online. You may apply to the court for an order requiring us to disclose the poster’s details, and we will comply with any such order.

Repeated re-posting

If the same or substantially the same statement has already been removed under this procedure on two or more occasions and is posted again, we will remove it within 48 hours of your new notice without contacting the poster.

How we count time

The 48-hour periods exclude Saturdays, Sundays, Good Friday, Christmas Day and bank holidays in England and Wales. The 5-day period for the poster runs from the day we send them your notice.

What happens to the poster’s details

We only pass a poster’s name and address to a complainant where the poster has consented or a court has ordered it. We use the poster’s details solely to operate this procedure, and we keep a record of each notice, response and action for 6 years in case of later proceedings. Our Privacy notice explains our handling of personal data more generally.

Our own rules still apply

This statutory procedure is not the only way content comes down. We may also remove any content that breaks our Terms of use, Listing rules or Review policy, whether or not a defamation notice has been sent.

Contact

[COMPANY NAME], [ADDRESS]. Email: [EMAIL].