❓ Hon. Sophia Moermond raises concerns about individuals being held liable for social media comments of others, questioning the government's plan to protect free speech and address potential targeting of individuals. The Attorney General's response indicates the issue is under review by the Model Defamation Law Working Party.
AnsweredQoN 856Legislative Council
Asked
27 October 2021
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
SOCIAL MEDIA — FREE SPEECH
856. Hon SOPHIA MOERMOND to the parliamentary secretary
representing the Attorney General:
Recent Australian legal decisions
can now see individuals, as well as businesses or corporations, held liable for
the comments of others on social media platforms such as the all-powerful
Facebook, or whatever it is rebranding itself as this week. This is cause for
great concern amongst those of us who wish to protect free speech. Can the
Attorney General please explain how this government plans to empower ordinary
citizens to protect themselves in light of this new threat against free speech,
and has the government taken into consideration how recent legal changes in
this area might be used to target individuals?
856. Hon SOPHIA MOERMOND to the parliamentary secretary
representing the Attorney General:
Recent Australian legal decisions
can now see individuals, as well as businesses or corporations, held liable for
the comments of others on social media platforms such as the all-powerful
Facebook, or whatever it is rebranding itself as this week. This is cause for
great concern amongst those of us who wish to protect free speech. Can the
Attorney General please explain how this government plans to empower ordinary
citizens to protect themselves in light of this new threat against free speech,
and has the government taken into consideration how recent legal changes in
this area might be used to target individuals?
AnswerView source ↗
I
thank the member for some notice of the question. I provide the following
response on behalf of the Attorney General.
The question of internet
intermediary liability in defamation for the publication of third-party content
is a topic currently under review by the Model Defamation Law Working Party,
which reports to all Attorneys General Australia-wide.
It forms part of the stage 2 review of model defamation law reforms. Defamation
laws Australia-wide are based on model provisions agreed by the Council
of Attorneys-General. The working party issued a discussion paper in March this year as part of the stage 2
review and will report to all Attorneys General in due course. Any legal advice received by ministers is subject to legal professional privilege and is
therefore not disclosed.
thank the member for some notice of the question. I provide the following
response on behalf of the Attorney General.
The question of internet
intermediary liability in defamation for the publication of third-party content
is a topic currently under review by the Model Defamation Law Working Party,
which reports to all Attorneys General Australia-wide.
It forms part of the stage 2 review of model defamation law reforms. Defamation
laws Australia-wide are based on model provisions agreed by the Council
of Attorneys-General. The working party issued a discussion paper in March this year as part of the stage 2
review and will report to all Attorneys General in due course. Any legal advice received by ministers is subject to legal professional privilege and is
therefore not disclosed.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.