{"id":7116,"date":"2022-08-24T07:03:03","date_gmt":"2022-08-24T07:03:03","guid":{"rendered":"https:\/\/elitlaw.com.au\/?p=7116"},"modified":"2023-06-01T02:31:25","modified_gmt":"2023-06-01T02:31:25","slug":"defamation-news-stage-2-defamation-law-reforms","status":"publish","type":"post","link":"https:\/\/elitlaw.com.au\/defamation-news-stage-2-defamation-law-reforms\/","title":{"rendered":"Defamation News: Stage 2 Defamation law reforms"},"content":{"rendered":"
The key recommendations\/proposed amendments relate to:<\/p>\n
The recommendations propose that a digital intermediary<\/strong> be defined as \u201ca person, other than an author, origination or poster of the matter, who provides an online service in connection with the publication of the matter.<\/em>\u201d Thus, it would also cover social media platforms, review websites and forum administrators, in addition to search engines and ISPs.<\/p>\n Additionally, the recommendations propose to give the Courts power to make an order against non-parties to prevent online access to defamatory matter.<\/p>\n The proposed amendments raise issues as to how they will work with the current statutory scheme and existing common law position relating to search engines. The reforms may not provide a complete defamation immunity for digital intermediaries in respect to all the business activity, depending on how they are drafted in final form. For example, the proposed exemption for liability for search engines is \u201climited to search results generated using the search engine from search terms inputted by the user of the engine rather than terms automatically suggested\u00a0 by the engine.<\/u>\u201d<\/em><\/p>\n It will be interesting to see how the final proposed amendments look at the close of written submission on 9 September 2022.<\/p>\n Should you have any defamation enquiries, please contact Danielle Snell<\/a> and Robert McGirr<\/a> of Elit Lawyers on (03) 9098 8646.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":" Draft amendments have been released to Australia\u2019s defamation laws, relating to intermediary liability (as stage 2).<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[14,18],"tags":[],"acf":[],"yoast_head":"\n