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Social media platforms and online services have both legal obligations and practical capabilities to remove defamatory content. When their moderation systems fail — through algorithmic errors, inadequate human review, or deliberate inaction — victims may have direct claims against the platform. The Online Safety Act has significantly strengthened the regulatory framework.
Platform Liability Under UK Law
The legal position of platforms has evolved significantly:
- Common law — platforms can be liable as secondary publishers if they have actual knowledge of defamatory content and fail to remove it within a reasonable time
- Section 5 defence — the Defamation Act 2013 provides a defence for website operators who can show they did not post the statement, but this is lost if the operator fails to respond properly to a complaint
- Online Safety Act — Ofcom now has enforcement powers over platforms that fail to protect users from illegal content, including defamation
- E-Commerce Regulations — hosting providers have a defence if they act expeditiously to remove content upon obtaining actual knowledge
Common Moderation Failures
Platform moderation can fail in several ways that enable or perpetuate defamation:
- Automated rejection of valid reports — AI moderation tools incorrectly classifying defamatory content as acceptable
- Inadequate appeal processes — platforms refusing to review rejected reports with no meaningful human oversight
- Slow response times — failing to act within a reasonable time after receiving a complaint, allowing the content to continue spreading
- Inconsistent enforcement — removing some defamatory posts but leaving others by the same publisher
- Failure to prevent repetition — allowing the same user to repost identical or similar defamatory content after removal
The Online Safety Act Framework
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The Online Safety Act imposes duties on platforms categorised by size and risk. For defamation:
- Category 1 services (the largest platforms) must address content that is illegal under UK law, including defamatory content that constitutes a criminal offence
- All platforms must have systems to deal with complaints about illegal content
- Ofcom can impose fines of up to £18 million or 10% of global revenue for non-compliance
- The Act does not create a private right of action, but Ofcom enforcement can pressure platforms to improve moderation
Building a Case Against a Platform
- Document the content — screenshot the defamatory material with timestamps and URLs before it might be removed
- Report through official channels — use the platform's reporting tools and keep records of every report, including reference numbers and dates
- Follow the pre-action protocol — if the platform does not respond adequately, send a formal notice identifying the defamatory content and demanding removal
- Track the platform's response — record response times, whether content was reviewed by a human, and any reasons given for non-removal
- Consider Ofcom — if the platform's moderation practices systematically fail, an Ofcom complaint may be appropriate alongside or instead of litigation
Can I sue Facebook/Instagram if they refuse to remove defamatory posts?▼
Yes, potentially. If you have notified Meta of specific defamatory content and they have failed to remove it within a reasonable time, they may lose their section 5 defence and become liable as a secondary publisher. The strength of your claim depends on the clarity of your complaint and the platform's response.
How quickly should a platform remove defamatory content?▼
There is no fixed time limit, but courts expect platforms to act "expeditiously." In practice, 48–72 hours is generally considered reasonable for initial review. For clearly defamatory content (e.g., false criminal allegations), faster action is expected. Platforms that take weeks to respond risk losing their legal defences.
Does the Online Safety Act help with defamation specifically?▼
Indirectly. The Act requires platforms to have effective systems for handling reports of illegal content, which includes content that is defamatory. While it doesn't create a direct private right of action for defamation, Ofcom's enforcement powers incentivise platforms to improve their moderation of defamatory content.
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