In a significant blow for intermediary liability protections in Australia, the country's High Court (which is the country's topmost court) ruled on September 8 that news organisations that post their articles on social media are responsible for comments on those social media sites as though they had published them. "An action for defamation does not require proof of fault. Defamation is a tort of strict liability, in the sense that a defendant may be liable even though no injury to reputation was intended and the defendant acted with reasonable care," the full bench of the High Court decided. "A publisher's liability does not depend upon their knowledge of the defamatory matter which is being communicated or their intention to communicate it." The case is an appeal of Dylan Voller v. Fairfax Media, Nationwide News, and Australian News Channel Pty Ltd. Intermediary liability is the responsibility an intermediary holds for content that is published through it. In technology, intermediaries are generally protected from liability for user-generated content, as long as they take content down when told to do so. But cracks are emerging in these protections all around the world. Australia's new interpretation — that news organisations are as responsible for the words of commenters on their social media profiles as they are for the news they publish — is bound to open a can of worms on intermediary liability jurisprudence in the country. Implication of judgement "The Court of Appeal was correct to hold that the acts of the appellants…
- MediaNama Daily: It’s not you, it’s your data January 28, 2023
- Why is Google not fully complying with India’s orders, MapmyIndia CEO asks January 27, 2023
- Unique Identification Authority of India working on age verification through e-KYC January 27, 2023
- Views: Why India’s “indigenous” smartphone operating system BharOS is overhyped January 27, 2023
- Here’s why Twitter employees’ access to its ‘God Mode’ function is a problem January 27, 2023
MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.
India's smartphone operating system BharOS has received much buzz in the media lately, but does it really merit this attention?
After using the Mapples app as his default navigation app for a week, Sarvesh draws a comparison between Google Maps and Mapples
The regulatory ambivalence around an instrument so essential to facilitate data exchange – the CM framework – is disconcerting for several reasons.
The provisions around grievance redressal in the Data Protection Bill "stands to be dangerously sparse and nugatory on various counts."
Please subscribe to MediaNama. Don't share prints and PDFs.
You May Also Like
Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...
135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...
Twitter takes down tweets from MP, MLA, editor criticising handling of pandemic upon government request
By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...