Abstract

ABSTRACT Public Facebook pages are an important way in which traditional media outlets engage their readers and commercialise that engagement. In Fairfax Media Publications Pty Ltd v Voller (2021) 392 ALR 540; [2021] HCA 27, the High Court of Australia has recently held that media outlets are liable as publishers for defamatory third party comments posted on media outlets’ public Facebook pages even if the media outlets are not aware of the presence of those comments. The decision has significant implications not only for media outlets but for any individual or entity in Australia who host or administer a social media page. This article analyses the High Court’s decision and considers its impact.

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