Andy wrote:
The website provider won’t be subject to defamation proceedings only the reviewer.
And you know this, how? Have you heard about how Buzzfeed had to pay out on defamation against Emma Husar?
Here are some facts:
There is no right to free speech enshrined in any law or in the constitution of Australia.
There is no clear legislation about how defamation works in the case of internet forums where people express their opinions.
However, we know that the defences that exist in the law include public interest and absence of malice. We also know that you can’t legally defame a business … unless your comments affect their business in a negative way.
So if someone has, say, a long-running dispute with their building manager, and then goes on the review website and accuses the building manager’s company of something that might affect their ability to get new business, do you think that business is going to sit quietly and not respond?
How likely is this? Have a look at websites like Tripadvisor where reviews are closely monitored to make sure that reviewers are not accusing hotels and restaurants of dishonesty, fraudulent behaviour or anything else that could be judged defamatory.
If a review and rating website can achieve a critical mass of traffic where attacks on it were seen as attacks on the strata community, and had enough financial backing to monitor, filter and and if necessary censor potentially defamatory material, it might get away with it. Otherwise they are walking on thin ice.
I say again, there is no legal right to free speech in Australia. There are conventions and norms that allow us to speak our minds but they are no guarantees.
And be sure of this, if a person or company feels they have been defamed, they aren’t going to after the disgruntled teenager sitting in his share house anonymously firing off abusive posts and emails. They will go after the people they can find and who might have some money in the bank – the website and the people who run it.
It’s a great idea and everything will be fine … until it isn’t. And bear in mind, if someone with deep pockets comes after you in a legal action, they can destroy you, even when you are right and they are wrong.