CATCHWORDS
Fairfax Media Publications Pty Ltd v Voller
Nationwide News Pty Limited v Voller
Australian News Channel Pty Ltd v Voller
Defamation – Publication – Where appellants were media companies – Where
each appellant created, operated and maintained public Facebook page – Where
each appellant created posts on Facebook page hyperlinking to news stories
referring to respondent – Where third-party Facebook users left "comments" on
appellants' posts – Where comments alleged to be defamatory of respondent –
Whether appellants "publishers" of comments – Whether intention to
communicate defamatory matter necessary for appellants to be publishers.
Words and phrases – "communication of defamatory matter to a third party",
"defamation", "digital newspaper or broadcast", "encouraged and facilitated",
"Facebook comments", "Facebook page", "innocent dissemination", "intention to
publish defamatory matter", "internet platform providers", "participation",
"participation in the process", "publication", "publisher", "rebuttable presumption
of publication", "strict liability", "third party".
Defamation Act 2005 (NSW), s 7(2).