More crackdowns on Facebook and Twitter, says Paul Fletcher

The government is considering reforms that would put the onus on Facebook and Twitter for defamatory material posted on their platforms.

Communications Minister Paul Fletcher. Picture: Getty

Communications Minister Paul Fletcher has confirmed the government is considering reforms that would put the onus on social media giants for defamatory material published on their platforms.

Mr Fletcher said clarity was needed over the legal responsibility of platforms such as Twitter and Facebook when defamatory material was published on their forums.

The High Court in September ruled publishers could be liable for defamatory posts posted by commentators on their social media pages – even ones they do not know are there – and opened the way for a complaint against major media organisations from former Northern Territory youth detainee Dylan Voller.

Mr Fletcher said this ruling left open the question on the responsibility of Facebook and Twitter.

He said the government was considering defining social media companies as publishers, opening them up to the same defamation laws as media companies.

“We expect a stronger position from the platforms,” Mr Fletcher told ABC’s Insiders program.

“For a long time, they‘ve been getting away with not taking any responsibility in relation to contents placed on their sites.”

Mr Fletcher also confirmed the government would “look at” new laws forcing fines on social media giants for defamatory material posted on the platforms.

“We‘re looking at a whole range of things. We’ll look at that (fines). We’ll go through a careful, methodical process,” he said.

“We need to make sure that the internet is a place where Australians can be safe.”

On Wednesday, Attorney-General Michaela Cash told The Australian that state and territory governments must consider urgent reform due to the “considerable liability” the Voller ruling has thrown up.

“It is clear that parts of defamation law are not fit-for-purpose. The Voller case presents a considerable liability for all publishers that will only lead to more court action. Reform is critical,” she said.

“We need to balance freedom of speech with the protection of reputations in a digital era where unfiltered commentary has been amplified by social media.”

On Thursday, Scott Morrison flagged recognising tech titans as publishers if they do not start handing over the identity of anonymous online trolls, opening up the likes of Facebook and Twitter to costly defamation action.

“Social media has become a coward’s palace where people can go on there, not say who they are, destroy people’s lives … Now that’s not a free country where that happens,” he said.

“And, you know, the companies, if they’re not going to say who (online trolls) are, well they’re not a platform any more, they’re a publisher. They’re a publisher.

“Australia has been more forward thinking and advanced when it comes to holding big ­social media companies to account … We’ve been a world leader on this and we intend to set the pace.”