Australia’s highest court ruled that the media are “editors” responsible for the defamatory comments posted by Facebook users on their social media pages.
The decisive decision came after many conventional outlets argued in vain that they could only be considered publishers if they were aware of the defamatory messages and wanted to spread them.
The judges rejected this argument and ruled that the outlets were responsible for offending comments by facilitating and encouraging online discussions.
The sentence paved the way for a lawsuit by Dylan Voller, a former juvenile detainee who wants to sue publishers and broadcasters.
The possible lawsuit will focus on comments posted on the Facebook pages of The Sydney Morning Herald, The Australian, Centralian Advocate, Sky News Australia and The Bolt Report. His case has been pending since 2017 while the courts ruled on the legality of the matter.
Australian courts had previously ruled that people could be held liable for defamatory statements on their platforms if they were allowed to continue after being informed of them.
In Washington last year, former President Trump signed an executive order limiting a 1996 law designed to prevent Internet companies from being treated as publishers.
Section 230 of the Communications Decency Act contributed to the rapid rise of the Internet by protecting companies from lawsuits. But Trump argued that the law also allowed tech giants to restrict freedom of speech.
The order demanded “transparency and accountability of online platforms” and encouraged “rules and tools to protect and preserve the integrity and openness of American discourse and freedom of expression.”
In December, Trump vetoed a defense spending bill because it did not repeal Article 230. The veto was overturned by Congress, although Democrats, including President Biden, have also called for toughening or repealing the law for the concerns of social media spreading misinformation.
Former Federal Communications Commission Ajit Pai announced plans to “clarify the meaning” of the provision last year after Facebook and Twitter censored The Post reports on Hunter Biden’s foreign trade relations, but later went step back from that position before leaving office.
Incumbent President Jessica Rosenworcel has publicly stated that she does not want the FCC to participate in the reorganization of Section 230.
With AP cables