Jason,
Thanks for posting this as the Defamation Act had passed me by. We have never had the resources to check comments before they are scanned/uploaded, and online comments are automatically uploaded onto our web site. Having said that, some defamatory letters stand out and are spotted early.
We subsequently remove ones that are either defamatory or potentially harmful to community cohesion (Equalities Act duty) on noticing the content or on receipt of a complaint. They are returned to the poster who is asked to resubmit modified comments. We can close their account if they persist. Do not redact the unacceptable element as not transparent and open.
Having read the guidance, I don't think the Section 5 defence will apply as we don't seek a formal Notice of Complaint and only accept comments with a published name and address (a few exceptions), so the complainant will always have the option of a private legal case. However, we respond to any 'complaints' promptly in any case and will meet the 48 hour target. We have never given the comment poster an opportunity to counter the complaint, but would do if applicable. So far, it has been obvious when content is unacceptable to us (some guidance given) as owners of the web site.
