not to disseminate news. Rather, it is to provide a link to an article that may or
may not be “news”; it may be “comment”. Indeed, as will be seen from the
summary of the relevant evidence adduced by the defendants, the purpose of
a public Facebook page is to excite comments and interest from and by the
public.
31
The defendants relied upon the affidavits of Sophia Han Thuy Phan (Fairfax);
Brighette Ryan and Carl Pfeiffer (Nationwide News); and Timothy Love
(Australian News Channel Pty Ltd). Each was the subject of cross-examination.
It was obvious that the evidence in relation to one defendant, except staffing
particulars and other discrete numbers, was relevant to each other defendant
and was appropriate for use (either directly, on the operation of the public
Facebook page, or by inference in relation to other matters) in relation to each
defendant.
32
Ms Phan is the Social Media Editor for Fairfax and she described the Facebook
page of the Sydney Morning Herald as the “official page of the Sydney Morning
Herald newspaper on Facebook”. Its purpose, according to Ms Phan, was to
share content and connect with users of Facebook.
33
Ms Phan administers the Sydney Morning Herald Facebook page. She and her
assistant post content, including hyperlinks, upon which others may comment,
whether or not they “follow” the Sydney Morning Herald Facebook page; or are
registered with Fairfax or the Sydney Morning Herald; but, all of whom, must be
users of Facebook.
34
Ms Phan notes that specific usernames may be banned or prevented from
commenting on the public Facebook page (an observation to which the
witnesses called by the other defendants also attested). Ms Phan also
confirmed that a list of profanities or other words may be compiled, as a
consequence of which any comment that contains one of those words or
profanities will be automatically hidden. The list of profanities and other words
that Facebook itself compiles renders the comment, containing such a word,
blocked, i.e. deleted, and invisible to all.
35
Leaving aside the proposition that no comments be allowed on the public
Facebook page at all or until they have been sent, independently, to the