HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION
Ms Evans highlights particularly the words "insufficiently precise or inadequately substantiated", set out in paragraph 122, as being consistent with the approach taken in the English cases to which I have referred. Accordingly, she submits, a provider who simply receives notification that particular words are alleged to be defamatory will not have received notification of illegality in terms that are adequately substantiated. Such a provider would not have actual knowledge of illegality; nor an awareness of facts or circumstances from which it would have been apparent that the information was unlawful. In order to achieve that state of mind, it would be necessary to examine and consider, on an informed basis, the validity or strength of any available defences (including, for example, those of justification, fair comment and qualified privilege in one or other of its recognised forms).
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