Judge got it wrong on HDCA

I blogged earlier this month on a court order which directed Pete George to introduce a FT moderator:

I make no comment on the dispute itself between Pete George and the party who gained the court order.

I am concerned however that a Judge has made a ruling that a blogger must “introduce a full time moderator systems so that no comment that is harmful to said person is placed on the blog”.

It is unclear under which statute the Judge has made the ruling. It may be the Harmful Digital Communications Act, but this is not stated in the court order.

I don’t have a problem with an interim order instructing content be removed.  That is a proper and not entirely uncommon thing to occur.

But an order that a blog must introduce a full time moderator system is deeply concerning.

The order has now been withdrawn by the court.

Amazingly the Judge did not realise the provisions of the Harmful Digital Communications Act which he relied on, were not to come into force for a couple of years.

I’m shocked a Judge would make such a wide ranging order, and not even have properly read the Act to realise most of it was not in force yet.

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