Recent Cases

Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102 (01 June 2020) (Basten JA at [1]; Meagher JA and Simpson AJA at [56])


APPEAL – determination of separate question –whether operators of Facebook pages published material posted by third parties – scope of separate question – findings going beyond scope of question

CIVIL PROCEDURE – appearance – amici curiae – intervention by non-parties – non-party media companies who operate Facebook pages in similar circumstances to the applicant news companies – whether intervention appropriate –non-parties raising issues beyond the proposed appeal

DEFAMATION – publication – internet technologies – operators of Facebook pages – whether operators published comments by third parties on news items posted on the pages – whether operators were instrumental in or participated in the publication of defamatory comments made by third parties

MEDIA AND COMMUNICATIONS – broadcasting –operation of Broadcasting Act 1992 (Cth), cl 91 –liability of internet content hosts under state defamation law – issue not raised by parties in answering separate question