Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27

Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27

A person who intentionally facilitates and encourages the posting and accessibility of comments on an electronic platform is a publisher of those comments for the purposes of defamation law, irrespective of intention or knowledge of content. The appellants, by managing public Facebook pages and posts inviting comment, became publishers of third-party users' defamatory comments when accessed by other users.

Parties
Appellant: Fairfax Media Publications Pty Ltd; Appellant: Nationwide News Pty Limited; Appellant: Australian News Channel Pty Ltd; Respondent: Dylan Voller
Jurisdiction
Australia
Judgment Date
08 September 2021
Procedural Posture
Appeal / High Court Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Defamation, Publication Liability, Digital Platforms, Innocent Dissemination
Tort Law Media Law Defamation Publication Liability Digital Platforms Innocent Dissemination

Case Brief

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Parties

Fairfax Media Publications Pty Ltd

Appellant

Nationwide News Pty Limited

Appellant

Australian News Channel Pty Ltd

Appellant

Dylan Voller

Respondent

Procedural Posture

Appeal / High Court Judgment

Legal Issues

  1. 1 Whether the appellants are publishers at common law of third-party comments posted on their public Facebook pages
  2. 2 If intention to publish defamatory matter is required for a person to be a publisher
  3. 3 The scope and character of publication in the context of online platforms

Ratio Decidendi

A person who intentionally facilitates and encourages the posting and accessibility of comments on an electronic platform is a publisher of those comments for the purposes of defamation law, irrespective of intention or knowledge of content. The appellants, by managing public Facebook pages and posts inviting comment, became publishers of third-party users' defamatory comments when accessed by other users.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeals dismissed in each matter with costs