The modernisation of defamation laws has reached another milestone with the Department of Communities and Justice (DCJ) calling for feedback on the liability of digital platforms for defamatory material.
Attorney General Mark Speakman said DCJ’s discussion paper, Review of Model Defamation Provisions – Stage Two, examined the extent to which platforms such as search engines and social media sites should be liable for reputation-damaging material published online.
Mr Speakman said that in July last year the Council of Attorneys-General agreed to a suite of ‘Stage One’ reforms to modernise national defamation laws and also agreed that a second stage, focused on online defamation, should be progressed.
“When the uniform defamation laws were drafted more than 15 years ago, social media was in its infancy and trolls were confined to children’s books,” Mr Speakman said.
“This review acknowledges times have changed and asks whether internet giants like Google, Facebook and Twitter should be responsible for content posted by platform users,” he said.
Mr Speakman said Australia needed contemporary laws that protected reputations in an era when anyone could publish almost anything with just the click of a button.
“However, getting the balance right is crucial to avoid online commentary being blocked unnecessarily,” he said.
“We must not silence free speech which is essential to a proper, functioning democracy, or inhibit the functions of digital platforms unduly.”
He said DCJ’s Discussion Paper also sought feedback on whether defamation law discouraged the reporting of alleged crimes and unlawful conduct to police, disciplinary bodies and employers, and work on the issue would be led by the Victorian Government.
Mr Speakman said members of the community, digital platforms, and legal stakeholders could have a say on the issues until 19 May.
DCJ’s 98-page Discussion Paper, including information on how to have say, can be accessed at this PS News link.
