04/10/2021
Do you have a page or Instagram account for your business? Who doesn’t, right? It’s almost become a necessity of doing business now.
Well, I’m sorry to be the bearer of bad news, but you now need to add “continuously monitoring my page/account for defamatory comments” to your to-do list.
Why? Because a few weeks ago the High Court ruled that organisations are liable for defamatory comments made by the general public on their social media posts.
So if you post something, and someone comments on it defaming another person, that other person can sue you for the defamatory comment because, in the Court’s view, you have “published” the comment.
And because you are not anonymous, are easier to track down, and likely have deeper pockets than the person who made the comment, it is much easier and more effective for the defamed person to sue you.
Sucks, hey?
So, what do you need to do?
⭐ Monitor, moderate and delete offensive material as soon as it appears
⭐ Use the tools available to you in social media platforms like Facebook and Instagram to block certain keywords, apply filters and turn off comments
⭐ Put in place a Social Media Management Policy that clearly spells out who is responsible for moderating comments, defines the criteria that will lead to a comment being deleted, and defines when and how the social media filtering tools are to be deployed.
Also, in QLD, NSW, SA, Victoria and the ACT anyone threatening a defamation lawsuit needs to show ‘serious harm’ and needs to give notice of their intention. If you receive such a notice, seek legal advice immediately so that you can limit the damage and try to resolve the issue before it heads to court.
If you would like help with a Social Media Management Policy for your business, I'd love to help.
Much love,
Jacqui xo