On 2021-12-08 12:55, Fiona Martin wrote:

> This is an anti-defamation bill - nothing to do with social media abuse more 
> broadly, and doesn't define trolling let alone social media.

That's a good point.

I suppose the title of a bill may be expressed in the language of the Common 
Man at the time that bill passed into Law whether or not all the words then 
have a legal interpretation.  On a quick search, however, the word or compound 
part "troll" in the draft "Social Media (Anti-Trolling) Bill, 2021" only 
appears in the title and its' relevance within the Bill is not further defined.

Surely this is pushing things a bit?

In Middle European folklore, mothers warned their daughters about trolls, who 
lurked under bridges lying in wait for innocent young maidens.  A fibreglass 
reminder of their scariness lurks under the light-railway viaduct at the 
eastern end of Johnston Street, Annandale (:-)!  Or did before the latest State 
Government homage to motor transport.

> It's meant to paper over the cracks of the Voller ruling which left 
> publishers responsible for defamatory comments on their social media 
> accounts, but with no easy process for identifying the offending parties. 
> There's a great Crikey article which I'll post in full below because it's 
> behind a firewall otherwise.

The High Court decision certainly seems a valuable clarification because it 
recognises that both the commenter and the organisation disseminating defaming 
comments publicly are parties to "defamation" and share responsibility for 
consequent injury.

However I wonder whether it will make much difference in practice?  While it 
may help high-profile cases, very few of the innocent teenagers damaged by such 
abuse have the intelligence, tenacity, and public profile of Dylan Voller, so 
they'll just go on through life as damaged people.

And even if their parents have the time & resources to pursue the matter in 
Court, the power & resource imbalance between the parties is huge, not to 
mention the difficulty of proving defamation in the first place.

David Lochrin


_______________________________________________
Link mailing list
[email protected]
https://mailman.anu.edu.au/mailman/listinfo/link

Reply via email to