“In Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 the High Court of Australia held that media companies operating Facebook pages had published allegedly defamatory comments of third-party users made in response to content the companies had posted on their pages. The decision came as a surprise to some members of the Australian media, although perhaps it should not have been so. As the High Court recently explained, the law as to publication of defamation is ‘tolerably clear’: Trkulja v Google LLC [2018] HCA 25; (2018) 263 CLR 149. ‘It is the application of it to the particular facts of the case which tends to be difficult’: see at [39] …”
€ (Westlaw)
Michael Douglas, ‘Publication of defamation by encouraging third party comments on social media’ (2022) 138 Law Quarterly Review (July) 362-368.
First posted 2022-06-04 08:00:17
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