Australian court rules media liable for Facebook comments
Canberra, (AP): Australia's highest court on Wednesday made a landmark ruling that media outlets are publishers of allegedly defamatory comments posted by third parties on their official Facebook pages.
The High Court dismissed an argument by some of Australia's largest media organisations Fairfax Media Publications, Nationwide News and Australian News Channel that for people to be publishers, they must be aware of the defamatory content and intend to convey it.
The court found in a 5-2 majority decision that by facilitating and encouraging the comments, the companies had participated in their communication.
The decision opens the media organizations to be sued for defamation by former juvenile detainee Dylan Voller.
Voller wants to sue the television broadcaster and newspaper publishers over comments on the Facebook pages of The Sydney Morning Herald, The Australian, Centralian Advocate, Sky News Australia and The Bolt Report.
His defamation case launched in the New South Wales state Supreme Court in 2017 was put on hold while the separate question of whether the media companies were liable for Facebook users' comments was decided.
The companies posted content on their pages about news stories that referred to Voller's time in a Northern Territory juvenile detention centre.
Facebook users responded by posting comments that Voller alleges were defamatory.
News Corp Australia, which owns the two broadcast programmes and two of the three newspapers targeted in the defamation case, called for the law to be changed.
The ruling was significant for anyone who maintains a public social media page by finding they can be liable for comments posted by others on that page even when they are unaware of those comments, News Corp Australia executive chairman Michael Miller said in a statement.
This highlights the need for urgent legislative reform and I call on Australia's attorneys general to address this anomaly and bring Australian law into line with comparable western democracies, Miller added.
Nine, the new owner of The Sydney Morning Herald, said it hoped a current review of defamation laws by Australian state and territory governments would take into account the ruling and its consequences for publishers.
We are obviously disappointed with the outcome of that decision, as it will have ramifications for what we can post on social media in the future, a Nine statement said.
We also note the positive steps which the likes of Facebook have taken since the Voller case first started which now allow publishers to switch off comments on stories, Nine added.
Facebook did not immediately respond to a request for comment.
Voller's lawyers welcomed the ruling for its wider implications for publishers.
This is a historic step forward in achieved justice for Dylan and also in protecting individuals, especially those who are in a vulnerable position, from being the subject of unmitigated social media mob attacks, a lawyers' statement said.
This decision put responsibility where it should be; on media companies with huge resources, to monitor public comments in circumstances where they know there is a strong likelihood of an individual being defamed, the statement added.
The High Court decision upholds the rulings of two lower courts on the question of liability.
Courts have previously ruled that people can be held liable for the continued publication of defamatory statements on platforms they control, such as notice boards, only after they became aware of the comments. (AP)
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Cong slams govt on rising pollution, demands review of National Ambient Air Quality Standards
New Delhi (PTI): Expressing concern over rising pollution levels, the Congress on Sunday demanded an urgent review and upgradation of the National Ambient Air Quality Standards, 2009, and asserted that they must be enforced as well as monitored more effectively everywhere.
Taking a swipe at Prime Minister Narendra Modi, Congress general secretary in-charge communications Jairam Ramesh said, "PM 56-inch has been exposed, PM 2.5 is for real."
Ramesh also said the National Clean Air Programme (NCAP) itself needs a laser-like focus on PM2.5.
"PM2.5 that is, particulate matter with a diameter of less than 2.5 micrometers or lower measured in micrograms per cubic meter of air as emerged as the cause for a severe environment-public health crisis across the country," the former environment minister said on X.
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A study published in The Lancet Planetary Health in December 2024, based on data from 655 districts over 2009-2019, found that every 10 microgram per cubic metre increase in PM2.5 concentration leads to an 8.6% increase in mortality, Ramesh pointed out.
The 2025 Lancet Countdown estimates that about 17.2 lakh Indians die every year from exposure to PM2.5, a 38% increase since 2010, he said.
The Ministry of Environment, Forests and Climate Change has repeatedly told Parliament in 2024, 2025 and again in 2026 that deaths on account of air pollution "cannot be conclusively established", he pointed out.
Meanwhile, the Indian Council of Medical Research (ICMR), the Health Ministry's own research body, has endorsed the Lancet findings, attributing 12.4 lakh deaths in 2017 to air pollution, that is 12.5% of all deaths that year, Ramesh said.
Now, the Centre for Research on Energy and Clean Air (CREA) has done a detailed analysis of the data generated by the continuous ambient air quality monitoring stations operated by the Central Pollution Control Board (CPCB), he said, adding that the data covers the period October 1, 2025 to February 2026 for 238 cities.
The conclusions are very disturbing and should be yet another wake-up call to all those who are in denial mode, he said.
Citing the analysis, Ramesh said none of the 238 cities complied with the WHO safe guidelines for PM2.5.
"In 204 of the 238 cities PM2.5 concentrations were above the levels set by the National Ambient Air Quality Standards (NAAQS) that were promulgated way back in November 2009. Subsequently, the WHO announced its updated safe guideline in September 2021," Ramesh said.
The Indian standard for the annual average concentration of PM2.5 is now 8 times weaker than the WHO guideline, he said.
The National Clean Air Programme (NCAP) launched in 2019 has made very little impact on PM2.5 concentrations, he claimed.
PM2.5 concentrations complied with the NAAQS, 2009 safe level only in 12 of the 96 NCAP cities, Ramesh pointed out.
"Over Rs 13,400 crore has been released under NCAP and XV Finance Commission grants since inception, with 68% spent on road dust management.The NCAP benchmarks itself against PM10, the coarser and less lethal pollutant, not PM2.5," he said.
While the top polluted cities are in the National Capital Region covering Delhi and parts of Haryana and Uttar Pradesh, other states like Punjab, West Bengal, Gujarat, Maharashtra, Bihar, Odisha and Madhya Pradesh have a very high proportion of polluted cities that exceed the standards, Ramesh said.
There are 50 cities where continuous data availability is less than 80%, while there are some monitoring stations where no data was available for even a single day, Ramesh said.
"The National Ambient Air Quality Standards, 2009 need urgent review and upgradation. They also must be enforced and monitored more effectively everywhere. In addition, the NCAP itself needs a laser-like focus on PM2.5," the Congress leader asserted.
