14 Media organisations measure the number of different visitors to their website (and to the public Facebook page), which may then be used to negotiate rates with potential advertisers. For that purpose, even more than is the case in traditional media publications, the content is required to be noticeable and generate engagement. 15 In relation to Nationwide News Pty Ltd, the public Facebook page generates approximately 39% of the monthly visitors to The Australian website. On 4 July 2017, approximately 53% of “unique” (by which it was intended to mean different and separate) monthly visitors came from the public Facebook page. The foregoing figure is a snapshot of the particular day and not a cumulative total. 16 As is common knowledge, Facebook and other social media utilise algorithms that measure the relevance of articles and correlate the articles with the comment. In relation to Facebook pages (including public Facebook pages), the algorithm utilises, as one criterion, the incidence of persons gaining access to a particular comment or article. Mr Shelley detailed examples of how the outcome operates, albeit in circumstances where the algorithm itself is commercially sensitive and not available, even to experts. 17 Essentially, Facebook measures the number of persons who show interest in the content (by, for example, liking an article, or sharing an article, or making comment on an article) and assesses a “genus” of the persons who show interest. It then publishes the article to all persons within that genus. 18 The same process occurs, for a public Facebook page of the kind with which the Court is here dealing in each of the three proceedings. Further, the content on Facebook may be searched and one could, if one were so minded, search for the plaintiff’s name and the Facebook entries in relation to the plaintiff would be discovered. 19 During the course of the proceedings, a great deal of attention was concentrated on the hiding or deleting of comments. Administrators of public Facebook pages have the ability to hide comments or to delete comments. When an Administrator hides a comment on Facebook, the comment will only be able to be seen by the person who wrote it (“the commentator”), her or his

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