A proposed bill in Australia is now being discussed as it is aiming to hold social media platforms responsible for the material posted on them.
Twitter, YouTube, and Meta all share the same concern regarding the proposed anti-trolling law, saying it would eventually place an "unprecedented level" of defamation risk directly on different social media platforms as it is looking to remove the so-called "innocent dissemination's defense."
Social Media Platforms and the Use of the 'Innocent Dissemination Defense'
According to the story by ZDNet, the entities, through the "innocent dissemination defense," social media platforms will not be liable for certain defamations should they have no knowledge of the said defamatory material.
One key takeaway is that the platform's failure to detect the said material was "not due to negligence." To add, the legislation called the Social Media (Anti-Trolling) Bill 2022 is now being considered within Parliament.
It is is looking to remove the right for social media platforms to make use of innocent dissemination defense when it comes to potentially defamatory material that was posted by users within Australia.
YouTube Says the Removal of the Innocent Dissemination Defense is Unnecessary
In another submission towards a Senate committee which is now being reviewed, tech giants have all proposed that its removal would be unnecessary when it comes to the protection of Australians online.
YouTube noted that the innocent dissemination defense removal for social media service providers would expose them to "unprecedented level of defamation risk." The platform has added it is completely unnecessary when it comes to achieving the objectives of the bill.
Meta Says the Requirements are Confusing
Meta, on the other hand, stated that the bill is unclear when it comes to its applications since it looks like the innocent dissemination defense would only be lost should the post be by someone located within Australia.
An example of this is should defamatory be posted by someone in New Zealand, the innocent dissemination would still be applied, according to the company.
Meta noted within its submission that it remains unclear as to why a new liability regime should happen to social media providers depending on where the particular user that is posting is located.
Bill Means Personal Information of a User has to be Given to a Complainant
This is especially due to the defamation law being focused on the place of the publication alone and not specifically the location of the author or even the originator of the particular content. Meta, YouTube, and Twitter would be required to submit personal information of certain users due to the new bill imposing huge obligations to the social media providers.
This is despite the companies being unable to verifying certain data "as personal information" at certain periods.
Should the bill be passed, social media platforms would have to provide the personal information of users who posted the potentially defamation material to a certain complainant.
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This article is owned by Tech Times
Written by Urian B.
