The reform push followsa High Court ruling last year 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 page on which third parties may comment.
The court was not asked to decide whether media outlets had effective defences available to them under the existing law. The background paper released last month said the potential changes would offer new protections to all administrators of social media pages.
Defamation barristers Sue Chrysanthou,SC,and Kieran Smark,SC,along with solicitors Rebekah Giles and Patrick George,act regularly but not exclusively for plaintiffs. They say in a submission on the background paper,submitted on Friday,that the wording of the potential new law fails to capture social media page administrators.
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The liability of “people or organisations who have social media accounts such as a small business or community sporting group on Facebook,or local book club on Twitter or hobby club on Instagram ... is not addressed by the model provisions,” the submission says.
The lawyers say the wording of the draft provisions captures the providers of online services,such as Facebook,but not social media account holders,and would give “a privileged position to internet giants over all other internet users,including Australia’s media companies who promote their publications on social media”.
“No logical policy reasoning has been advanced for this preferential treatment,” the submission says.