Administrator and then posted by the Administrator, Ms Phan makes clear that: Fairfax has no control over the contents of comments before they are posted by users; has no prior knowledge of comments posted by users; does not know in advance how users will comment in response to a preview hyperlink; cannot require users to seek approval from Fairfax prior to posting (except as excluded above); and cannot view, edit or otherwise determine the content of a comment, before it is posted. The foregoing, as stated, assumes that comments are permitted at all. 36 The evidence of all of the witnesses makes clear that the comments that are immediately visible by a person, who gains access to the Facebook page, will vary from time to time. First, the Facebook page will be updated with later comments, if any. 37 Secondly, if particular comments are liked, shared or further commented upon, the incidence of the original comment’s popularity will give a priority to that comment, which is an effect of the algorithm utilised by Facebook. A person may click on a particular comment or follow the trail of a particular comment and, in doing that, view other comments that are not immediately visible on inspection of the Facebook page screen. 38 Ms Phan, and the other defendants’ witnesses, testified to the capacity of the Administrator of the Facebook page to hide or delete a comment after it has been posted, if they become aware of the relevant comment. An Administrator becomes aware of the comment either by monitoring the Facebook page or by utilising the Facebook Administrator tools or by becoming informed of it by another person. 39 Notwithstanding the capacity of the Administrator to block a particular user, that user may, once it becomes known to her or him that she or he is blocked, open a different Facebook account and make comment using that different Facebook account (at least until that different account is blocked, if it were to be). Ms Phan suggests that it would be “physically impossible” for her and her team to monitor every comment. There are two in the team. She does not attest to the number of persons that would be necessary to monitor the comments.

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