19 Mar 2013
WISHART V MURRAY & ORS HC AK CIV-2012-404-001701
- Citation
- openlaw-98443ec7_6d9b_453c_b578_9ce72a9ba945.pdf
- Court
- High Court
The strike‑out application was dismissed. The Court held that (a) several pleaded meanings were not capable of being borne by the words as published and those parts of the statement of claim must be amended, and (b) a host/operator of a Facebook page may be a publisher of third‑party posts where the host knew or ought to have known of the defamatory material and failed to remove it within a reasonable time or in circumstances that allow an inference that the host accepted responsibility for continued publication; on the evidence pleaded Mr Murray's role made the plaintiff's case tenable. The…