successful defamation suit against former senator David Leyonhjelm, is the lead author of the submission.She joined with Sydney silks Richard Potter, SC, and Kieran Smark, SC, junior barrister Nicholas Olson, and solicitors Patrick George and Rebekah Giles, all of whom act regularly for plaintiffs in defamation cases.
Social media platforms would be given a new defence against being liable for defamatory posts of users if they set up complaints processes under which a person could ask them for the contact details of an anonymous commenter or to delete the post. The changes also give the owners of social media pages an immunity from being sued for the comments of third parties on their pages. Experts say this will mean a person would have no obligation to delete a defamatory comment on their page even if they became aware of it and were asked to delete it, which goes further than the law applying to physical noticeboards.
The government has proposed a new Federal Court order to “unmask trolls”, but all courts already have that power. Ms Chrysanthou and her colleagues say any new order would “only serve to cause confusion and cost”. The proposal goes further than existing defences and gives owners of social media pages immunity from being sued for defamation over third-party comments, even if they become aware of them and refuse to remove them.
University of Melbourne Law School Associate Professor Jason Bosland, director of the Media and Communications Law Research Network, said in a separate submission with two colleagues that it would be preferable to provide that “a page owner may be recognised as a publisher of a third-party comment, but only if they have been notified of the comment’s existence and failed to remove it within a reasonable period of time”.
MWhitbourn If a government can’t even get a simple task right like ordering vaccines or RATs, then how can they possibly get a anti trolling bill correct, add in Ms Cash and it’s doomed from the start
MWhitbourn Of course they do,surprised not.
MWhitbourn Keep rejecting silly proposals
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