Commentary Definitions Section 3 – Application of sections 1 and 2 to internet activity etc.
39.Under sections 1 and 2 a person has a defence to the offences in those sections if he can show amongst other things that a statement or publication did not express his views and did not have his endorsement (see sections 1(6) and 2(9)). The effect of section 3 is to deem a person providing or using an electronic service to have endorsed a statement if he has received a notice under section 3 and he has failed to comply with it. If the person is accused of an offence under section 1 or 2 then the effect of section 3 is that he cannot take advantage of the defence in sections 1(6), or 2(9) respectively.
40.Section 3 contains a number of references to “publishing”, “records”, “article” and “statement”, the definitions of which are contained in section 20 (Interpretation of Part 1).