19 Sept 2014
MURRAY v WISHART CA222/2013 [2014] NZCA 461
- Citation
- [2014] 3 NZLR 722
- Court
- Court of Appeal
Appeal allowed in part: High Court ruling that the host of a Facebook page could be a publisher on an 'ought to know' test was quashed; Court of Appeal holds the appropriate test for Facebook page hosts is actual knowledge of the specific defamatory third‑party posts and failure to remove them within a reasonable time (or conduct implying adoption/responsibility), not a general 'ought to know' strict liability test; plaintiff must replead third‑party claims to plead actual knowledge and reasonable time to remove; otherwise High Court findings that various direct statements were capable of bea…