What’s on your mind? Write a comment - but check your facts before you post

Key Points:

Ensure the accuracy of statements and comments made on social media, including statements that could be considered to be statements of opinion.

A recent Federal Court decision serves as a reminder that individuals and businesses should exercise caution when making comments on social media, as the same standards apply to social media as to other forms of advertising and marketing (Seafolly Pty Ltd v Madden [2012] FCA 1346).

The Facebook question – misleading and deceptive conduct?

In September 2010, Seafolly Pty Ltd initiated proceedings against Leah Madden in the Federal Court of Australia, alleging that that Ms Madden, the designer of White Sands Swimwear, had engaged in misleading or deceptive conduct. The allegations concerned a number of statements made by Ms Madden on Facebook and by email, including: