The recent Court decision in Voller v Nationwide News Pty
Ltd [2019] NSWSC 766 (the Voller case)
highlights a danger inherent in using social media - social media
publications invite comments from a wide variety of users, with a
very real risk that some of those comments may convey a defamatory
meaning. Following the decision in Voller, businesses are at risk
of being held liable for defamatory comments posted by third party
users who engage with social media content.
Background
In Voller, the Supreme Court of New South Wales
(NSWSC) considered a defamation claim commenced by
Dylan Voller, a former detainee at the Don Dale Youth Detention
Centre. Mr Voller alleged that Fairfax Media Publications Pty Ltd,
Nationwide News Pty Ltd and Australian News Channel Pty Ltd (the
publishers of the Sydney Morning Herald, The Australian and Sky
News Australia/The Bolt Report, respectively) (the
Defendants) were responsible for defamatory
comments posted by third-party Facebook
