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New High Court decision affects all not-for-profit organisations that use social media

The High Court of Australia has made an important decision about the ‘comments section’ on social media posts. This decision affects any person or organisation that runs a social media page or publishes a post on social media, including on platforms such as Facebook, Instagram and Twitter. If a not-for-profit organisation operates a social media page, it is responsible under defamation law for everything that is posted on that page.

Every not-for-profit organisation that operates a social media page should put measures in place to ensure that posts or comments made by others are not defamatory.

This might include:

  • setting up systems to actively monitor and moderate comments
  • disabling comments if it is not possible to moderate them
  • using various tools offered by social media platforms, for example to block keywords and profanities, hide offensive comments, or restrict who can reply to your posts, and
  • documenting agreed strategies in a social media policy.

To view more information and resources on this matter from NFPLaw, click here.

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