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Responsibility for User Comments Posted on Facebook

The High Court of Australia decided today that a newspaper with a Facebook page is responsible for defamatory comments posted by Facebook users on the newspaper's Facebook page.

"The appellants' attempt to portray themselves as passive and unwitting victims of Facebook's functionality has an air of unreality. Having taken action to secure the commercial benefit of the Facebook functionality, the appellants bear the legal consequences."

None of this is surprising.  There are many prior cases in different areas that reach the same result.  There was an Advertising Standards Board decision against VB that said similar, and also the ACCC v. Allergy Pathways case from about 10 years ago.

The next question is whether Facebook could be liable for defamation for user content.


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