Here is a stark warning to anyone, including businesses, who operates a social media platform and allows third parties to post comments. You or your business can be held liable for another person’s defamatory comments even if you are unaware of them.
In the recent case of Fairfax Media Publications Pty Ltd v Voller; Natiionwide News Pty Limited v Voller; Australian News Channel Pty Ltd v Voller [2021] HCA 27 the High Court of Australia decided that a media outlet is legally responsible as a publisher for defamatory comments made by readers on its Facebook page.
The Court found that because the news outlets intentionally made available a Facebook page inviting third party comments on a news story, they were considered to have facilitated, encouraged and assisted the publication of those comments and thus were the “publisher'” of them.
This means that anyone holding a social media account, whether it is Facebook, Twitter, Instagram etc. can be sued for disparaging remarks posted by others regardless of whether they are aware of them. People, especially in business or other organizations, should therefore consider whether it is safer to restrict or prevent comments by others to avoid the risk of a defamation claim.
November 2021