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FAQs
Here are some general answers to common questions about the risks of social media.
- I like to engage with people on social media about my beliefs and political views, is this a problem?
- I have a public social media profile and I encourage robust discussion about social issues on my page. Am I responsible for what other people say?
- I believe in free speech, surely if I let everyone have their say then I can’t be sued for vilification?
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I like to engage with people on social media about my beliefs and political views, is this a problem?
Answer
Not necessarily. This will depend on how you engage and the tenor and quality of your interactions with people online. In general it is always a good idea to engage respectfully and thoughtfully. In general, it is a good idea to avoid pejorative language or demeaning others and to engage with other people’s ideas and opinions rather than attacking the person behind them. Heated and unhelpful arguments that remain posted online only invite further unhelpful speech and can be a risk when it comes to defamation and vilification claims.
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I have a public social media profile and I encourage robust discussion about social issues on my page. Am I responsible for what other people say?
Answer
The law concerning liability for statements on social media is a developing area. There are some recent decisions that suggest that you can be held responsible as the publisher of third-party comments on social media pages that you control and can moderate. It can be a risk to let free and open debate play out on your social media page without any oversight and moderation of comments.
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I believe in free speech, surely if I let everyone have their say then I can’t be sued for vilification?
Answer
Unfortunately, no. Vilification laws do not treat anyone’s ideals about open debate as relevant to establishing that vilification has taken place. Allowing people to have heated arguments on social media pages that you control can open you up to liability for vilification claims.
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