Howe v Zuchowski

[2024] VSCA 56

Victorian Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Identification
3. › Plaintiff not named in publications
4. › Whether publications of and concerning plaintiff
5. › Whether plaintiff identified by those who knew extrinsic facts
6. › Whether ordinary reasonable readers armed with requisite knowledge would understand defamatory imputations directed at plaintiff
1. Defamation
2. › Defences
3. › Innocent dissemination
4. › Whether defendant was subordinate publisher
5. › Whether defendant did not know publications were defamatory
6. › Defamation Act 2005 (Vic), s 32
1. Defamation
2. › Defences
3. › Broadcasting Services Act 1992 (Cth)
4. › Whether defendant was internet content host
5. › Whether defendant not aware of nature of internet content
6. › Broadcasting Services Act 1992 (Cth), Sch 5, cl 91
1. Defamation
2. › Damages
3. › Extent of publication
4. › Facebook posts and comments
5. › Grapevine effect
6. › Whether trial judge erred in conclusions about extent of publication and grapevine effect
7. › Whether damages manifestly excessive

Quick Take

The Court requires evidence of actual dissemination and comprehension of defamatory Facebook posts in defamation matters involving social media, and recognizes limitations of the grapevine effect where publications occur in the context of a pre-existing community debate.