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The Lawfare Podcast

Defamation Down Under

The Lawfare Podcast

The Lawfare Institute

History, News, National Security, Law, Terrorism, Current Events, Military, International Law, Foreign Policy, Intelligence, International Relations, Politics, Diplomacy, Rule Of Law, Government, Constitutional Law

4.76.4K Ratings

🗓️ 30 September 2021

⏱️ 57 minutes

🧾️ Download transcript

Summary

Just two days ago, on September 28, CNN announced that it was turning off access to its Facebook pages in Australia. Why would the network cut off Facebook users Down Under?

It’s not a protest of Facebook or… Australians. CNN’s move was prompted by a recent ruling by the High Court of Australia in Fairfax Media and Voller, which held that media companies can be held liable for defamatory statements made by third parties in the comments on their public pages, even if they didn’t know about them. This is a pretty extraordinary expansion of potential liability for organizations that run public pages with a lot of engagement. 

On this week’s episode of Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with David Rolph, a professor at the University of Sydney Law School and an expert on media law, to understand the ruling and its potential impact. What exactly does Voller mean for media companies with some kind of connection to Australia? What does it mean for you, if someone writes a nasty comment under your Facebook post or your tweet? Why did the court rule the way it did? And why is Australia known as the defamation capital of the world? 

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Transcript

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0:00.0

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0:14.7

That's patreon.com slash LawFair.

0:18.2

Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull and the aftermath.

0:32.6

Hello, I'm Basha Cummings.

0:34.6

I'm Alexey Monstrous.

0:35.6

At Tortus, we think there's never been a more important time to slow down and make sense

0:42.0

of the world.

0:43.4

Whether it's our weekly slow newscast, our daily sense maker, or a compelling series

0:48.6

like Sweet Bobby, you'll always get great stories, considered reporting and clear analysis.

0:55.0

To listen, just search for Tortus Media wherever you get your podcasts.

1:02.0

They simply said, well look, for hundreds of years liability for publications been brought

1:14.9

and strict, so we're just going to continue on with that.

1:20.2

It then becomes a matter of common law defences, but also for legislators to try and reform

1:26.8

the law, which is starting to happen in some jurisdictions around the world.

1:32.2

I'm Kuntadjara Sik and this is the LawFair podcast September 30th, 2021.

1:39.4

Today we're bringing you another episode of Arbiters of Truth, our series on the online

1:44.2

information ecosystem.

1:46.9

As two days ago, on September 28th, CNN announced that it was turning off access to its Facebook

1:52.8

pages in Australia.

1:55.4

So why would the network cut off Facebook users down under?

...

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