The NSW-led review of national defamation laws has hit a major milestone with people being invited to have their say on the liability of digital platforms like Facebook and Twitter for defamatory material published on their sites.
Releasing the Review of Model Defamation Provisions – Stage 2 discussion paper, Attorney General Mark Speakman said this stage of the review would examine the extent to which the platforms should be liable for reputation-damaging material published online.
“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 Australia needed contemporary laws that protected reputations in an era when anyone could publish almost anything to the world at large with just the click of a button.
“However, getting the balance right is crucial to avoid online commentary being blocked unnecessarily,” the Attorney General 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 the Discussion Paper also asked readers to reflect on whether defamation law discouraged the reporting of alleged crimes and unlawful conduct to police, disciplinary bodies and employers.
Mr Speakman said there was a strong public interest in ensuring victims and witnesses of crime and other unacceptable behaviour were not discouraged from reporting incidents for fear of being sued for defamation.
“However, robust safeguards are needed to prevent people making false or malicious reports.”
The Attorney General said people could have their say on the Discussion Paper until 19 May.
The 97-page Discussion Paper can be accessed at this PS News link.
