A reader messaged during the week asking why we no longer allow followers to leave comments on our Facebook posts. While our reasons have been explained previously, they're worth sharing again.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
If you were to write something offensive or defamatory in your comment on one of our stories, we're legally responsible. It's that simple. And that risky.
It's because of a High Court ruling last September that made media publishers responsible for third-party comments on their social posts.
The judgment specifically referred to media organisations Fairfax Media, Nationwide News and Sky News who were being sued for defamation by Dylan Voller.
Mr Voller's mistreatment in the Northern Territory's Don Dale Youth Detention Centre led to a Royal Commission, which the media reported and shared on their social pages. Their followers though were less than kind.
Before he could argue he was defamed by their comments, Mr Voller had to prove that the owners of the Facebook pages were the publishers of the comment. When the High Court agreed that they were, it sent shockwaves through the Australian media industry.
Mr Voller then proceeded with suing each publisher for defamation. They settled his claims out of court.
It's not just media organisations now forced to pay moderators to curate comments, or switch them off completely. Community page and group managers must be vigilant too. So must individual users.
There are many precedents and examples of social media users being sued for "liking" and sharing posts and for hyperlinking to defamatory articles. In fact, in 2019, the New York Times referred to Australia as the defamation capital of the world .
Our defamation laws have been overhauled since then, but it still makes me shudder when I see so many negative comments on community Facebook pages.
Some, like the local Thumbs Up Thumbs Down pages for instance, even name and show photographs of people allegedly doing something wrong - without context and without giving those people the right of reply.
Many people believe they have the right to free speech but unlike many other developed nations, it is not enshrined in our constitution.
So, that's why we need to turn off the ability to comment - for now, at least. It doesn't mean you can't react. In fact, we love seeing your likes and laughs and even angry faces. And of course, you can always give your feedback via Facebook Messenger or our email.
To the reader who asked why, I hope that's answered your question.
Sue Stephenson
Editor, North Coast NSW