I have been following the social media debate around the replacement of the Kogarah War Memorial Swimming Pool (situated at Carss Park and currently closed), with a sense of foreboding as conversations become increasingly strident, visceral and move beyond what I believe is acceptable commentary particularly in the light of recent case law on defamation.
I encourage owners and publishers of Facebook pages involved in ensuring a new pool is built on the same site as the Carss Park War Memorial Pool (or indeed anywhere else come to that) to appreciate the ramifications of recent decisions fully.
In a nutshell, the Supreme Court of New South Wales recently held individual media companies were, as the 'publishers' of comments made by members of the public on their public Facebook page liable, for publishing defamatory material. People who put up Facebook sites and those who post on them must in their own best interests pay close attention.
The NSW Supreme Court, Court of Appeal, only a few days ago upheld this decision (it may well be that the media companies involved seek leave to appeal to the High Court of Australia, but the law is as it stands at the moment).
It is also worth pointing out these recent decisions involving mainstream media companies were handed down soon after Councillor Pauline Lockie, was obliged to apologise to Mayor Darcy Byrne of the Inner West Council for comments made by others on Councillor Lockie's Facebook page.
Owners of Facebook pages as publishers and those that use that Facebook page to post comments should rightly exercise caution as to what is published.
And before anybody jumps up and down and says that I am trying to limit freedom of speech let me emphasise my remarks are directed equally at Council and indeed at any other organisation or individual that publishes a Facebook page or uses similar social media.
We do not have a Bill of Rights in Australia, and we do not have unlimited freedom of speech. The free speech that we have must be respected and a good place to start is to treat each other with respect when debating matters. A shortcut to a brief discussion of the two cases involved can be found here (thank you to Lindsay Taylor Lawyers for use of its summary).
https://www.lindsaytaylorlawyers.com.au/in_focus/defamation-can-you-be-sued-for-comments-on-your-facebook-page/
Peter Hill, Oatley
Editor's note. In other words, you can't go onto our Facebook page and call a councillor a dirty rotten scoundrel because that is defamatory and we will delete it.
Going batty
Winter is camellia time. Gymea's Camellia Gardens was very popular. But the bats and their urine are quickly taking over. Don't look up. Bats may also carry disease. Sutherland Shire should ask the Botanic Gardens Sydney about bats.
MR, Oatley
Road rules and bikes
Further to your article "Call to curb bikes in town centres" June 3, 2020. I agree these bike riders be it food delivery, couriers or general bike riders are a menace on footpaths. However, with regards to getting rules amended, Section 250 of the Road Rules 2014 addresses this adequately. It just needs to be policed. Surely Council Rangers should have the power to police this issue without the need to have police chasing bike riders.
Andrew Rys, Oatley