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Social Media policy

A High Court decision handed down on 8 September 2021 relevant to defamation by third party-publishers, has confirmed that publishers are responsible for defamatory third-party comments posted on their social media accounts.  The High Court’s decision effectively widens the scope of what satisfies the requirement of ‘publication’ under defamation, and specifically who is liable as a ‘publisher’. 

The key takeaway being the decision places responsibility on users and organisations who operate social media platforms to monitor public comments or switch comments off. While the laws are under review and may change, ASPI has made the decision to switch off comments on our Facebook, YouTube and LinkedIn accounts to reduce our risk in the meantime. Comments on ASPI’s Twitter account are actively monitored and moderated, and disabled when it is not possible to moderate them.