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Note that Facebook was a not a respondent in the original defamation case. In any case, multiple parties can be responsible for publication. From point 55 o
by talaketu 5y ago
Note that Facebook was a not a respondent in the original defamation case. In any case, multiple parties can be responsible for publication. From point 55 of the judgement:
> The Court of Appeal was correct to hold that the acts of the appellants in facilitating, encouraging and thereby assisting the posting of comments by the third-party Facebook users rendered them publishers of those comments.
- jay_kyburz 5y agoThat's because Facebook is not here in Australia, much deeper pockets, and we already have bullshit laws that consider Google and Facebook carriers (like a telephone company) not publishers. But lets be clear, telephone and electricity companies don't moderate your content, or use algorithms that makes some content easier to find than others.
- talaketu 5y agoWhat's bullshit is your suggestion that Facebook is not subject to Australian law! For example see News Media and Digital Platforms Mandatory Bargaining Code - it requires platforms such as FB to enter into commercial arrangements with news media (https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6652 https://www.aph.gov.au/Parliamentary_Business/Bills_Legislat...)
- jay_kyburz 5y agoAhh no sorry, I was suggesting that it would have been more expensive and more difficult for somebody to win a defamation suit against a US company. Don't get me started about the mandatory bargaining code. I think the ISP should have held their ground and pulled out of Australia.