Blog article

Media organisations liable for Facebook content

The recent Twitter hack was a harsh reminder to us all that social media platforms are vulnerable, and that attacks can directly impact brand and reputation.

You may remember the contentious NSW Supreme Court decision in June 2019 that ruled media companies are liable for Facebook comments made by others. This ruling effectively classifies media outlets as publishers of reader comments on Facebook, and it has implications for any organisations with public social media accounts. This week we hear that the decision was upheld by the NSW Court of Appeal, in a case brought by a number of media organisations. 

Read the decision on the NSW Caselaw website 

The importance of Facebook archiving

What this means for you – if your organisation has social media accounts and you encourage reader comments, you could be liable for defamatory or other illegal behaviour on your feed. It means that actively managing your channels by hiding and deleting problematic comments is important – and archiving your social media is absolutely essential.