A recent high court decision will have game changing effects on how locals could receive their online news.

With media companies now liable for defamatory comments made on any of their social media posts, concern is growing that it will force the hand of publications to limit what stories they make available online.

Last week, the High Court dismissed an appeal by media corporates Fairfax (owned by Nine) and News Corp for the ruling made in early 2021 that essentially made media companies accountable for the actions of third party members posting defamatory online comments in response to news articles.

The decision also could also threaten the ability of local, smaller media companies to publish content online.

• President Lucie Peart (centre) with Country Press NSW Inc board members. PHOTO Ian Dunnett, North West Courier. 

Country Press New South Wales President and Managing Director of Gilgandra Newspapers Lucie Peart says that the ruling is reflective of the grey space around internet behaviour and responsibility.

“It’s going to be a minefield for publishers to monitor with so many factors we can’t control. The person being defamed could see that comment within two minutes of it being posted. The space is so instant, yet if publishers weren’t aware then they could still get sued,” said Ms Peart.

In a space that is missing crucial regulation around what content should and shouldn’t be allowed, it raises the question of where that responsibility should really fall.

While the High Court’s decision left responsibility with the media company, for facilitating ‘participation’ in a discussion that could lead to defamatory comments, it warrants consideration of where individual responsibility should start, and the role of the social media platform where the comments appear, such as Facebook or Twitter.

“We all know that people can really put whatever they want out there that could be deemed offensive, but no one is coming to arrest them. I guess that is a little bit unfair, but it’s the world we’re operating in now,” said Ms Peart.

The consequences will echo throughout local communities, where publishers, fearful of a lawsuit, will grow hesitant to post news content, and the public will in turn lose a crucial source of reliable news and create a larger issue of widespread ignorance on important matters.

On the other side of the coin, for those who have suffered defamation online, a place to lay that blame and hold someone to account offers vindication.

This is true for Dylan Voller, who allegedly was defamed in posts on facebook pages managed by The Sydney Morning Herald and The Australian, following the documentation of his mistreatment in Don Dale Youth Detention Centre that instigated a royal commission. His pursuit of the major media companies led to the landmark decision by the High Court.

Ms Peart worries that local publications won’t have the resources to effectively monitor commentary on social media posts, nor have the right insurance to cover this foreign framework.

“Ideally, people would like to say that individuals are held to their own opinion, but that’s not the reality of the online environment,” she said.

Legal experts have warned that the ruling may not be limited to media companies, with individuals and community groups potentially being held accountable for damages if visitors to their social media sites post defamatory comments. 

Time will tell the true impact of this decision: who will suffer, who will thrive, and whether or not the internet will become a safer place to be.