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Case Law, Strasbourg: Sanchez v France, Politician fined for failing to delete Facebook hate speech, no violation of Article 10

In the case of Sanchez v France [2021] ECHR 724 (available only in French) the Fifth Section of the Court of Human Rights held that the conviction of a politician for failing to promptly delete unlawful comments published by third parties on the public wall of his Facebook account did not breach his Article 10 rights despite his apparent lack of knowledge of the comments. Continue reading

Social Media: What caused the unprecedented Facebook outage? The few clues point to a problem from within – David Tuffley

Suddenly and inexplicably, Facebook, Instagram, WhatsApp, Messenger and Oculus services were gone. And it was no local disturbance. In a blog post, Downdetector.com, a major monitoring service for online outages, called it the largest global outage it had ever recorded — with 10.6 million reports from around the world. Continue reading

Australia: The News Media Bargaining Code, Recent responses – Craig Xu

The News Media Bargaining Code is a piece of legislation drafted by the Australian Competition and Consumer Commission (ACCC) in early 2020 for the purpose of supporting local Australian news and journalism businesses. It is supposed to serve as a balance of powers between large global social media companies such as Facebook, Google, etc and Australian businesses such as SBS, ABC, Nine, etc. Continue reading

Libel: Section 13 of the Defamation Act 2013, Removal orders against non-parties – Adham Harker

Section 13(1) of the Defamation Act 2013 allows a Court to order that a non-party to cease communicating a defendant’s defamatory statement.  Such an order can be made against a website operator, requiring them to remove the statement (section 13(a)), or any person who was not the author, editor or publisher of the defamatory who is distributing, selling or exhibiting material containing the statement (section 13(b)).  Such orders are made after a claimant has obtained judgment. Continue reading

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