Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

NSW Sharing Reviews on Social Media?

Discussion in 'Defamation Law Forum' started by Ad Kc, 26 June 2017.

  1. Ad Kc

    Ad Kc Member

    Joined:
    26 June 2017
    Messages:
    3
    Likes Received:
    0
    I am starting a website to collect reviews. One of the feature I would like to have is to allow users or even myself to share the reviews or maybe make automated share into Facebook or Twitter, etc.

    I am not aware of the cyber law fully at this stage. Can I share the reviews received in my site?

    Obviously I am aware of the review based best practices that keeping the genuine review and allowing both parties to engage in order get positive outcome between them.

    Please suggest.
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    3,249
    Likes Received:
    443
    Yes, but ensure you clearly state this in your terms and conditions of use.

    You can be open to defamation by sharing reviews as you become a publisher.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Ad Kc

    Ad Kc Member

    Joined:
    26 June 2017
    Messages:
    3
    Likes Received:
    0
    Thanks Rod for the reply. Sure, I will do that as you suggested.

    One doubt, since the content I will be sharing involves a third company (review added to my site by my user about other companies), this may come under defamatory related issues. Although, reviews can be positive too.

    Could you point me to right any gov links for more reading?

    Thanks again.
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    3,249
    Likes Received:
    443
    Sorry I don't have links at the moment. Google should get you most of the information.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. Matthew Karakoulakis

    LawTap Verified Lawyer

    Joined:
    27 October 2016
    Messages:
    51
    Likes Received:
    10
    Like Rod said, your terms and conditions of use will have to make it clear to your users where you will be uploading their reviews. But in addition to that, you should also ensure that you have a good privacy policy in place.

    For the issue of defamation, I urge you to monitor the reviews carefully, keeping in mind the results of Duffy v Google. You can find the case here: DUFFY v GOOGLE INC (NO 2) [2015] SASC 206 (23 December 2015)

    If you require any further assistance on this matter, please do not hesitate to contact me via the link below to arrange for an appointment to discuss your options.

    Matthew Karakoulakis, Melbourne Lawyer: Book Online
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  6. Ad Kc

    Ad Kc Member

    Joined:
    26 June 2017
    Messages:
    3
    Likes Received:
    0
    Thanks. One more question. Do I need to register a business to run a website, or I can just use my sole trader ABN? My site is in .com domain only, not .au. I don't plan to earn right a way but in future may be from the website.

    Thanks again.
     
  7. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    3,249
    Likes Received:
    443
    Sole Trader ABN is sufficient - at least to start with as far as running a website is concerned. The risk you run as a sole trader is one of liability.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Ad Kc likes this.
  8. Matthew Karakoulakis

    LawTap Verified Lawyer

    Joined:
    27 October 2016
    Messages:
    51
    Likes Received:
    10
    Hi Ad kc

    .com domains do not require you to provide a registered business ABN. However, there are other issues that you should consider as well, for example, ensuring that your web address does not infringe on any registered or pending trade mark. This article provides a good checklist of what to go through: Choosing and registering a domain name | Business Victoria

    Good luck with your new website.

    If you require any further assistance on this matter, please do not hesitate to contact me via the link below to arrange for an appointment to discuss your options.

    Matthew Karakoulakis, Melbourne Lawyer: Book Online
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;