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Whose responsibility is it anyway?


While the review of the amendments to the Model Defamation Provisions is still ongoing, the recently closed consultation into the liability of Internet intermediaries for online defamatory material has indicated that Internet Service Providers will likely be granted a statutory exemption from liability. This comes off the back of the work IAA did, along with other industry representatives, in the last round of consultations regarding this matter. IAA has consistently argued that since ISPs merely providing access do not deal with content, the law should recognise this. While there was some opposition to the proposed exemption during an industry workshop, with suggestions that ISPs should rely on available defences instead, IAA has maintained in its submission that the exemption is necessary to provide ISPs with greater clarity and assurance when it comes to defamation law.  We have also asked that those involved in the mechanics and operation of other infrastructure services, such as DNS, should similarly be exempt. 


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