publication. In order to sheet home to the Council that responsibility, the plaintiff was required to establish that the defendant consented to or approved of, or adopted or promoted, in some way the continued presence of the poster on its property. 114 One of the other differences in relation to a public Facebook page is that the comment compiled or authored by the third-party user is not published until such time as the owner of the public Facebook page allows persons to read it, or, in the words of the High Court in Gutnick, it is the owners of the public Facebook page that would render the material comprehensible and allow it to be downloaded. 115 The owner of a public Facebook page of the kind with which the Court is here dealing is able to assess its original post as one which is likely to give rise to one or more defamatory comments. There may be some posts that, on initial assessment, would be unlikely to give rise to defamatory comments. 116 Further, the Owner/Administrator of a public Facebook page, of the kind here relevant, is capable of rendering all or substantially all comments hidden, which would mean they were unable to be downloaded or accessed by any person with a Facebook account, except the administrator, the third-party commentator and Facebook friends of the third-party commentator. Thus, the extended publication of the comment is wholly in the hands of the media company that owns the public Facebook page. 117 It is necessary to deal with two judgments of intermediate Courts of Appeal, and with judgments in the United Kingdom and Hong Kong. I turn first to the judgment of the Full Court of the South Australian Supreme Court in Google Inc v Duffy (2017) 129 SASR 304; [2017] SASCFC 130. 118 In Duffy, the Full Court of the Supreme Court of South Australia had cause to deal with the liability of Google, when used as a search engine, to which earlier reference has been made. Six articles that were said to be defamatory were published on one or more primary websites, between December 2007 and January 2009. Other websites published material derived from the primary websites.

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