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Fight against fake news needs new defamation laws

A Queensland lawyer has slammed Australia’s regulation of defamation in the digital age, pointing to the lack of accountability required by the “technology behemoths” hosting information platforms.

user iconGrace Ormsby 24 July 2018 Politics
fake news, defamation laws
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Travis Schultz, founder of Travis Schultz Law, is concerned about the digital transformation revolutionising the way Australians consume news and print media over the last five years, despite no recognition of this shift in national legislation or regulation frameworks.

Labelling the current regulation of brands such as Google, Facebook and Instagram as a “free kick” against Australia’s traditional media organisations, Mr Schultz warns that the “biggest loser” in this framework is print media.

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“This group is historically, a large employer of Australian workers but under current legislation, these types of publishers are liable for any defamatory content they publish, even if the defamatory comments have originated from some other person or third party,” he said.

Mr Schultz is calling for regulation of platforms hosting content posted by others, that “seemingly take little responsibility to manage the truth or accuracy of what they allow to be disseminated through their digital technology.” He says many internet publishers have no responsibility under current laws to compensate individuals or organisations for damages occurring as a result of producing “fake news”, inaccurate, or manipulative material.

“We just can’t have two sets of rules for digital and traditional publishers. The playing field currently isn’t level, and it’s time for a discussion as a country about what we expect of all publishers when it comes to taking responsibility for the consequences of defamatory or misleading content which drives advertising revenue but can have reputationally and financially crippling consequences for the innocent person affected by it,” he said.

Mr Schultz’s warning comes after the High Court’s recent decision to allow Melbourne businessman Milorad Trkjulja to sue Google for wrongly linking him to underworld crime figures in its search platform, despite lower courts previously finding there were no reasonable prospects for success.

Mr Schultz is warily optimistic about the case’s outcome, saying “it might not change the corporate behavior of these digital publishers, but it might at least start a discussion about the accountability of these digital platforms for the content which drives their advertising revenue.”

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