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Paragraph 6 Response to notice of complaint: response does not include all required information

Original text. Later amendments are not shown.

(1)

This paragraph applies where—

(a)

the operator acts in accordance with paragraph 2 in respect of a notice of complaint;

(b)

the poster responds to the operator within the period specified in paragraph 2(1)(b)(i); and

(c)

the response does not comply with paragraph 2(2).

(2)

Where this paragraph applies the operator must, within 48 hours of receiving the response—

(a)

remove the statement from the locations on the website which were specified in the notice of complaint; and

(b)

send the complainant notice in writing that the statement has been removed from those locations on the website.

(3)

For the purpose of this paragraph a response does not include the information mentioned in paragraph 2(2)(b) if a reasonable website operator would consider the name or postal address provided under paragraph 2(2)(b)(i) or (ii) to be obviously false.