Documente Academic
Documente Profesional
Documente Cultură
August 2011
Overview
Social media: the concept Defamation laws: traditional media v social media Limitations of conventional defamation laws in the context of social media
Publication Jurisdiction Reviews and blogs Liability Identification Anonymity Defences: adequacy of fair comment and innocent dissemination Impact on reputation
SOCIAL MEDIA
Diverges from traditional media in context of accessibility, usability, immediacy, semi-permanence, reach
Key Concepts
media for social interaction, using highly accessible and scalable communication techniques Involves use of web-based and mobile technologies to facilitate communication and interactive dialogue involves blending technology and social interaction distinct from industrial or traditional media, such as print news, television, film, due to vast potential for publication, useability and anonymity successful social media marketing implementation involves the creation of social authority individual or organisation establishes themselves as an expert or authority in their given field or area, thereby blurring boundaries of opinion and fact presents challenges to longstanding defamation laws far greater than print and broadcast media of radio and TV
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Calls will continue for privacy laws to be revisited to maintain individuals right to privacy and to control dissemination of personal information via social media
Social media and defamation August 18, 2011 15
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Innocent dissemination
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Jurisdiction
ISSUE: Lack of appropriate legislative control, plaintiffs forum shopping REFORM: Restrictions on plaintiffs choice of jurisdiction, requirement for global consistency
Publication
ISSUE: Vast increase in publication potential and reputational damage scope REFORM: Increased liability re published content and requirement to screen published matter imparted to social media provider
Defences
ISSUE: Availability of fair comment, malice exception, innocent dissemination REFORM: Addition of social media specific defence for innocent dissemination, review of malice exception, repeal BSA ISP exception
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Questions?
Richard Leder Partner Corrs Chambers Westgarth richard.leder@corrs.com.au (03) 9672 3489
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