Administrators of Facebook pages and other social media accounts would have a new defence against being held liable for defamatory comments posted on their pages by third parties, under changes to the law being considered nationally | MWhitbourn
that media outlets are legally responsible as “publishers” for third parties’ comments on their Facebook pages. The decision had wider implications for any operator of a social media account on which third parties may comment.
The intermediary would also be able to rely on the defence if they gave a prospective plaintiff, with the poster’s consent, enough identifying information about the poster to enable a concerns notice to be sent to them or for defamation proceedings to be commenced against them. Under an alternative proposal, a defence of “innocent dissemination” would be available in some circumstances.
“Technology has advanced in leaps and bounds since Australia’s uniform defamation laws were drafted 18 years ago,” Speakman said in a statement on Friday. “In considering this reform, it is critical that we balance protecting free speech with the right of individuals to seek redress in appropriate circumstances for harm caused to their reputation.”
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