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Media companies in Australia can be held responsible for defamatory comments left on their social media pages by members of the public, the country’s High Court has ruled
theverge.com/2021/9/8/22662 via
Conversation
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Ummm they have been legally responsible under common law for publication since before 2015- Duffy v Google (and Trkulja 2012 & the HK decisions). This decision is simply reiterating the legal precedent and the HCA decisions fully close the door- but the legal line is not new.
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A fascinating decision. As far from US law as day is from night (ironically, geographically sensible). There’s one commonality—platforms’ state of mind is irrelevant in determining liability. In the US, no liability regardless of malice. In Australia, liability without fault. 1/6
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