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ARTICLE · 11 JUNE 2020

Your Corporate Facebook Page: Liability For Third-party Comments Confirmed

Johnson Winter & Slattery
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On appeal from a preliminary question decided by Justice Rothman in Supreme Court of New South Wales defamation proceedings (our earlier article is here), the Court of Appeal...

AustraliaMedia, Telecoms, IT, Entertainment
Kevin Lynch
Kevin Lynch
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Co-Author by Veronica Gregory (Associate) and Morgan Nunan (Associate)

Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102 (Basten JA, Meagher JA and Simpson AJA)

On appeal from a preliminary question decided by Justice Rothman in Supreme Court of New South Wales defamation proceedings (our earlier article is here), the Court of Appeal has upheld the finding that media companies were publishers of comments posted to their public Facebook pages by third party users.

The key concern for any businesses operating public Facebook pages (and potentially similar forums such as Twitter or Instagram) is that the decision confirms the exposure that comes with comments posted by third party users.

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