With the rapid rate at which the use of social media and online publication continues to grow, the traditional laws regarding defamation in the media do not always reflect the best interest, especially in modern times. According to law, social media users are considered publishers. It can include page owners or moderators of social media groups. Hence, they can cause significant harm to a person’s reputation if they are involved in publishing or sharing defamatory news. The law has attempted to define online content’s responsibilities and individual needs to tackle such issues.
Join us in this blog as we explore the updated laws you must abide by to secure your online presence.
What is defamation on social media?
It is the act of making false statements that damages a person’s or organisation’s reputation. Such content can be text videos, images, or comments on a post submitted online. The false statements must impact the person or the organisation directly or indirectly to cause financial or emotional loss or damage to the reputation.
Updated laws
The NSW and the ACT have become the first jurisdictions in the country to adopt new laws to modernize the defamation law. The legislation will come into effect to tackle the challenges faced in the digital age. Changes made in the Defamation Amendment Act 2023 promise to improve the balance between protecting reputation when someone publishes defamatory content online and freedom of speech. Some digital intermediaries include social media platforms, search engines, service providers, and review websites.
The revised bill introduces several new terms, including:
- Digital intermediary
- Search engine
- Search engine provider
- Conduit services
- Storage services
- Caching services
Under the newly made laws, media companies will be able to see new tactics for defence. This law has mainly been made for digital intermediaries who disseminate defamatory content without their knowledge.
What happens when the new law comes into action
Most intermediaries are common people rather than media companies. When this new law comes into action, they can opt for the new ‘innocent dissemination defence’ if a group member posts defamatory content. However, to access this defence, the administrator must consider doing certain things like providing an email address through which they can easily complain about the content.
Other benefits
Apart from this, the law will also benefit the victims of online defamation. The victim can submit a complaint to a digital intermediary with a simple process. However, they will not be eligible for innocent dissemination defence if they do not take down the content within seven days. These reforms have also empowered the judicial body to order the intermediaries who were not a part of the proceedings to take down the content.
The reforms have been developed along the lines of Part A of the Stage 2 Review of the Model Defamation Provisions initiated by the NSW Government.
The defamation laws earlier were passed when the digital access we enjoy now was impossible to be expected by most of us. The laws need to be revised to reflect the world in which we live. These changes will address the issues created by rapidly spreading defamatory content online.
How can a defamation lawyer help?
If you have been a victim of defamation, then it is essential to remember that you have legal rights in such situations. You must take immediate action by keeping a record of the content and noting the date and time when the content was posted.
After you have taken the preliminary steps, contacting a social media defamation lawyer in Perth can be helpful. However, it would help to remember that legal action can only be taken within a year of posting the defamatory material.
Hence, getting timely advice from an expert who can help you understand the law’s intricacies and protect you against such defamation is essential. They will also assist you in taking appropriate steps if you have been wrongfully accused of defamation.
Conclusion
We have talked about the newly incorporated law in social media defamation. If you have been facing such situations, contacting Defamation Lawyers Perth, WA, is essential. With the help of these professionals, you will be legally able to commence proceedings against the person who made the derogatory statements. So contact a reputed lawyer today to assist you through this tough time.