Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102

Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102

Applicants maintaining Facebook pages, inviting and facilitating comments from third-party users which are displayed to the public, are publishers of those comments for the purposes of defamation law, despite the degree of participation; the application of the defence of innocent dissemination and the Commonwealth legislation does not deny their status as publishers in this context.

Parties
Applicant: Fairfax Media Publications Pty Ltd; Applicant: Nationwide News Pty Ltd; Applicant: Australian News Channel Pty Ltd; Respondent: Dylan Voller; Intervener: Seven West Media Ltd; Intervener: Dailymail.com Australia Pty Ltd; Intervener: Bauer Media Pty Ltd
Jurisdiction
Australia
Judgment Date
01 June 2020
Procedural Posture
Defamation Proceedings / Appeal Following Determination of a Separate Question in Supreme Court Common Law Division
Outcome
Appeal dismissed; applicants given leave to appeal; applicants ordered to pay respondent's costs; notice of motion of interveners dismissed
Legal Topics
Internet Publication, Third Party Comments, Liability of Publishers, Defence of Innocent Dissemination, Application of Broadcasting Services Act to Online Content Hosts, Facebook Page Moderation
Defamation Torts Media Law Internet Publication Third Party Comments Liability of Publishers Defence of Innocent Dissemination Application of Broadcasting Services Act to Online Content Hosts +1 more

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Parties

Fairfax Media Publications Pty Ltd

Applicant

Nationwide News Pty Ltd

Applicant

Australian News Channel Pty Ltd

Applicant

Dylan Voller

Respondent

Seven West Media Ltd

Intervener

Dailymail.com Australia Pty Ltd

Intervener

Bauer Media Pty Ltd

Intervener

Procedural Posture

Defamation Proceedings / Appeal Following Determination of a Separate Question in Supreme Court Common Law Division

Legal Issues

  1. 1 Did the applicants publish third-party comments on their Facebook pages for purposes of defamation law?
  2. 2 Are the applicants liable as publishers of defamatory third-party comments?
  3. 3 Is the defence of innocent dissemination under s 32 of the Defamation Act 2005 (NSW) available to the applicants?

Ratio Decidendi

Applicants maintaining Facebook pages, inviting and facilitating comments from third-party users which are displayed to the public, are publishers of those comments for the purposes of defamation law, despite the degree of participation; the application of the defence of innocent dissemination and the Commonwealth legislation does not deny their status as publishers in this context.

Court Disposition

Appeal dismissed; applicants given leave to appeal; applicants ordered to pay respondent's costs; notice of motion of interveners dismissed

Orders

  • Grant the applicants leave to appeal from the answer given to the separate question in the Common Law Division on 24 June 2019
  • Direct that the draft notice of appeal in the white folder be filed within 7 days