Kingston councillor, Cameron Howe, is advocating for a social media reform to protect users
A Kingston councillor who was sued for $205k in damages after allegedly defamatory comments were posted on a Facebook page, is calling for a social media reform.
South East
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A Kingston councillor who was found liable for comments made on a Facebook community page he started when he was 16, is urging for a social media reform to protect all users.
With about 16 million Australians on Facebook, Cameron Howe said the defamation act needs to be updated to protect users on modern social media platforms
“Social media has come a long way since 2005 when the defamation act was put into place,” he said.
“It affects all 16 million users and I don’t think the general public is aware that’s the case. If they were, I don’t think they’d be using the platform.”
Cr Howe, who was elected to the Kingston Council in 2020, received a notice in December of 2019 alleging he was responsible for defamatory comments from third parties on the Facebook group he was admin of.
Comments made on a post from Cr Howe in the Carrum & Patterson Lakes Forum between February and December of 2019 read “$$$ talks and “whose pockets are being lined at Kingston”.
The post related to a property development of two 10-storey buildings and compliance, which was later investigated by the Victorian Ombudsman.
In September of last year the County Court found Cr Howe, as administrator of the page, was a publisher of the comments and owed $205,000 in damages.
Presiding Judge Peter Lauritsen ruled the comments carried defamatory meaning which affected managing director of developer Cavendish Properties, Sam Zuchowski.
Prior to Cr Howe being elected to council, he has been at the forefront of issues impacting the Kingston area and helped successfully lobby for projects including the Frankston-Clayton thoroughfare and erosion management at Carrum foreshore.
Now, Cr Howe is advocating for a social media reform in the hopes of informing the general public they could be liable and sued for other people’s comments below their posts.
“It means you can personally be sued for what another person writes below your post (even if you delete it when notified),” Cr Howe said.
He is seeking supportive donations through a GoFundMe page to “continue (the) work for all costs and orders associated with proceedings”.
Cr Howe’s lawyers are appealing the September decision based on an existing defence of innocent dissemination not applying in the circumstances and protection under the Commonwealth Broadcasting Services Act.
