Commentary on Sections Section 13: Order to remove statement or cease distribution etc
76.This section relates to situations where an author may not always be in a position to remove or prevent further dissemination of material which has been found to be defamatory. Subsection (1) provides that where a court gives judgment for the claimant in an action for defamation, it may order the operator of a website on which a defamatory statement is posted to remove the statement, or require any person who was not the author, editor or publisher of the statement but is distributing, selling or exhibiting the material to cease disseminating it . This will enable an order for removal of the material to be made during or shortly after the conclusion of proceedings.
77.Subsection (3) ensures that the provision does not have any wider effect on the jurisdiction of the court to grant injunctive relief.