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ARTICLE · 03 JULY 2019

Defamation: A business can be liable for defamatory comments on its Facebook page

Cooper Grace Ward
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The companies did 'publish' the comments, in that they provided the opportunity for the comments on their Facebook page.

AustraliaLitigation, Mediation & Arbitration
Rocco Russo
Rocco Russo
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A recent court decision held that a business can be liable for defamatory comments made by the public on its Facebook page.

Facts of the case

Voller v Nationwide News Pty Ltd [2019] NSWSC 766 concerned defamation claims brought against Nationwide News Pty Ltd, Fairfax Media Publications Pty Ltd and Australian News Channel Pty Ltd in relation to comments posted by members of the public on Facebook pages maintained by the companies.

The preliminary issue

The Court was required to consider, as a preliminary issue, whether the companies 'published' the comments for the purposes of the law of defamation. If they were considered 'publishers', they could be liable for the comments, even though they were made by third parties.

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