CNN restricts access to its Facebook Pages in Australia after a ruling that makes news organizations legally liable for comments on their Facebook posts
The legal chain here started with Australian appeals court rulings in mid-2020 holding media companies responsible for defamatory comments under stories on their Facebook Pages — a position the High Court then affirmed this month (September 2021). In March, Facebook responded by shipping tools letting users and Pages limit comments, an implicit acknowledgment that the liability question was live (comment controls).
CNN's move is the first concrete retreat from Facebook Pages in Australia under that affirmed liability standard. It lands on top of earlier friction between Facebook and Australian news: in 2020 Facebook warned it would block Australian users and news organizations from sharing news entirely if the ACCC's bargaining proposal passed (that warning), so the platform-news relationship in Australia is already strained on two fronts.
First-order effects
CNN's Australian audience loses access to its Facebook Page content immediately, and CNN eliminates its exposure to defamation claims over third-party comments it does not moderate.
Second-order effects
Every outlet still publishing to Facebook Pages in Australia now faces the same choice CNN just made — disable access, restrict comments using the tools Facebook shipped in March, or carry the legal risk — forcing each to price moderation against reach.
Third-order effects
If the pattern holds, the High Court's framing of Pages as publishable-by-the-media-company territory pushes platforms toward either stronger built-in moderation defaults or a thinner news footprint in Australia, deepening the split already opened by the ACCC bargaining fight.
The trend: Australia is turning social platforms and publishers from distribution partners into legally entangled co-publishers, with news organizations exiting rather than absorbing comment liability.
You're a corporation, owned by corporate America and you should be treated just like every corporation in this country making you legally liable for the product to wich u sell in print, on air, & on soc media. If liability can be proven in the court of law then so be it. https://…
@BenMullin ... What's going to be *interesting* is what happens to orgs with Pages that *don't* have training in media law e.g. businesses, NGOs, local communities etc. The law will apply to them too, & if they have enough money to serve as a defamation target, lawyers'll say gam…
It is surprising, and somehow maybe not, how so much of this WSJ article is criticizing Facebook for not allowing mass comment blocking on all of its posts, instead of the law that holds posters accountable for comments made by anyone on their posts. https://twitter.com/...
@karaswisher unsure if this is a sign they are prepared to deal with amendments to 230...just cutting off access? So we get even more Uncle Rupe down here https://www.wsj.com/...
CNN “appears to be the first major U.S. media org to publicly restrict Australian access to its Facebook pages following a ruling this month from the High Court of Australia that made news organizations legally liable for comments on their Facebook pages” https://www.wsj.com/...
This is what the 230 haters would produce in the United States: a de facto ban on allowing user-generated content at all on the internet. https://twitter.com/...
“We are disappointed that Facebook, once again, has failed to ensure its platform is a place for credible journalism and productive dialogue around current events among its users,” a CNN spokeswoman said. https://www.wsj.com/...
It was only months ago that Facebook was blocking links to news for its own commercial interests before caving. Now news orgs are having to exit the platform because Facebook's design decisions create liability for news publishers. Lovely company. https://twitter.com/...
@sorifith Yes. Or FB could turn off the function for Australians to reply but they refused and told CNN to cipher thru and delete posts. Too much work for them. Eventually Aus will get their way on FB and all news posts will have comments turned off so ppl won't see the public's …
This isn't CNN. The American news network pulls its Australian social media presence following the Voller High court defamation decision https://www.wsj.com/...
CNN has decided Australians “will no longer have access” to its Facebook pages, after the recent court ruling which found publishers have defamation liability for Facebook comments Rather than moderating all the comments, CNN is just cutting off Australia https://www.wsj.com/...