Defamation on Social Media Act 2019: Analysis and Legal Advice

This document provides a detailed analysis of the Defamation on Social Media Act 2019, including the preliminary analysis of the statute, classification of the statute, identification of the operative provisions, and the purpose and context of the Act. It also discusses the modern approach to statutory interpretation and provides legal advice for different scenarios. The document includes case studies and advice for a principal facing defamation on social media and a blogger dealing with a breach of contract.

Law

Table of Contents
INTRODUCTION...........................................................................................................................3
QUESTION 1..................................................................................................................................3
PRELIMINARY ANALYSIS OF THE STATUTE........................................................................3
Threshold questions.....................................................................................................................3
Classification of statute................................................................................................................3
Identification of the operative provisions....................................................................................4
Purpose and context of the Act....................................................................................................5
APPLYING THE APPROACHES OF STATUTORY INTERPRETATION................................5
Modern approach to statutory interpretation...............................................................................5
Analysis of the operative provisions: Intrinsic Aids....................................................................6
Extension of the analysis of the operative provisions: Extrinsic Aids........................................6
Provide Ms Principal advice based upon your analysis of the Act..............................................6
Provide Ms Blogger advice based upon your analysis of the Act including what could be done
against the troll or social media provider....................................................................................8
QUESTION 2..................................................................................................................................9
Detail how the proposed amendment needs to progress through the various stages in the
Commonwealth Parliament.........................................................................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
Social Media can be defined as one of the form of communication through electronic mode.
It is among one of the most important platform in 21st century which allows any of the person
share and view all of the necessary information which are required by them. But on the same
time while following laws and regulations, it is necessary to ensure that any of people blogger or
any other person should use social media in that particular fashion which may create issues for
other. In order to maintain some of the unwanted activity, government has introduced one of the
law named as Defamation on Social Media Act 2019. The main purpose of this law is to ensure
that any of the person who misuses the technology then legal action must be taken upon them.
Here, detail guidelines have been introduced which is to be followed in any of the circumstances
and if any of the person fails to do so then legal action can be taken.
In context of the file, the legal advices will be provided to different people who has been
facing due to the decision taken by client. Legal advices will be given by Defamation Specialist
Lawyer. This file will be divided into two different parts where first part will discuss about two
different case study where person has to suffer just because of the unlawful decision taken by
them. On the other side, second question will try to address the points or stages which are
required to be followed for the time of passing any of the amendment under Commonwealth
Parliament.
QUESTION 1
PRELIMINARY ANALYSIS OF THE STATUTE
Threshold questions
Looking at present scenario, it is necessary to understand that the main question within the
particular essay is that how effective this law can be and what can be the positive outcome of
implementing this particular law (Mills, 2015). In addition, it is necessary to understand that
whenever any of the topics is required to be answered then proper question should be formed so
that appropriate answer can be given.
Classification of statute
In any of the nation, role of statue is huge as they are the one who simply helps to
understand that how any of the work is needed to be done within the premises of Australia. The

guidelines which are included by statute law must be followed because if any of the person fails
to do so then legal action can be taken against defaulter. Basically, there are mainly seven
different types of Statute which includes Temporary, perpetual, consolidating, codifying, Fiscal,
remedial, panel, declaratory. Apart from this, it mainly focuses towards extent of Application
that how to how much area it is applicable (Pelletier, 2016). Looking at Social Media Act 2019,
it simply relates with remedial contract where it is necessary for any of the person to understand
that if they fail to do work as per the guidelines of law then in that respective situation legal
action can be taken against the defaulter.
Identification of the operative provisions
In present scenario, it is one of the most effective law because it simply allows to provide
some of the effective services to the one to whom it is applicable. It is necessary to understand
that in any of the situation those laws and regulations must be followed. And if any of the person
fails to do so then there is higher possibilities that legal action can be taken against the
organisation. There are number of operative provisions within the file which are essential in
current scenario and that must be considered by each and every person while conducting any of
the activity. Some of the operative provisions of the act related with following laws and
regulations which plays the crucial role in current scenario. As per the act, it is applicable upon
each and every person which even includes the Crown. There is certain limitation in it, such as
section 30 of the act simply restricts the person as well as entity to take any of those decision due
to which people may feel harass, defame incite inappropriate conduct. If in any of the situation it
is found, then maximum penalty which can be imposed is 1000 penalty units. On the other side,
while talking about section 31, it says that if any of the data or information is of defamatory
nature then in that respective situation it must not be communicated outside the geographical
boundary and if it is found so then legal action can be taken against defaulter as a branch of
policy.
There are number of other section which discusses about, it where Commonwealth has
explained that as per section 32 the one who administrate the social media page should not post
any of those content which are of defamatory and if that will be done then legal penalty will be
up to 100 penalty units per publications (Stewart, 2017). Talking about section 33, it discusses
about the enforcement power and remedies where person can file case within Federal Court of

Australia against whom who had taken unlawful decision for personal benefit. Also,
compensation loss or damages on behalf of any aggrieved person can be claimed as per
Telecommunication Ombudsman. These are some of the main clause which has been included in
it and this are very effective too and even it can easily allow the organisation to huge amount of
profit in a very short time period which is very essential.
Purpose and context of the Act
There are number of laws and regulations which are being commenced on a regular basis
where it is necessary to understand that those must be followed in any of the circumstances.
While talking in simple words it will not allow any of the person to take those decisions due to
which other people can get affected. Talking about purpose of the law, it was found that in recent
period of time there are number of people who is not able to work as per the requirement of law
and this law has introduced the guidelines which means that decision making process has
improved significantly with the help of this particular Act (Butler and Rodrick, 2015).
The context of the law, it says that if any of the person tries to breach any of the law there
are different section which can allow to declare appropriate decision which is necessary in
current scenario. Implementation of those laws and regulations should be applicable in those
particular situation where laws and regulation are not being followed by any of the person or
entity. The main context of the act will change the decision making ability where it will be
mandatory for each and every person to understand that they should not take any of those
decision which has an impact upon other life. This will allow to raise standard which will
automatically give better option to the person to think that how social media different channels
of communication must be used. It is because if person do not focus on this particular
department, there is high probability that they will take some of those decision which will
directly or indirectly create issues for the business entity. Overall, the purpose and the context of
the Defamation on Social Media Act 2019 is very much important which will allow to obtain
some of the effective result through which goals can be accomplished (McKeow, 2017).
APPLYING THE APPROACHES OF STATUTORY INTERPRETATION
Modern approach to statutory interpretation
The modern approach to statutory interpretation says that there are number of laws and
policies which has been formed those law and regulation must be changed as per the

requirement. It is necessary to understand that modern approaches allow to being those changes
which are essential in resolving the issues which can be seen within the laws and regulations.
The modern interpretation simply says that in any of the situation it is necessary to bring any o
the necessary changes which are essential in current for the purpose of accomplishing the goals
of an organisation. The modern approach simply allows to identify about the importance of laws
and regulations where changes are required because overall those laws and regulations are
creating issues and amendments can be beneficial decision can be taken.
Analysis of the operative provisions: Intrinsic Aids
In any of the law and regulations operative provision is the only main source which can
allow to earn profit at a higher speed. There are number of sections and subsections which are
formed for the purpose of declaring the result. If person is able to decide operative provision,
then in that respective condition it is necessary for him to ensure about laws and policies. Those
plans and policies are developed for specific time period which simply allows the organisation to
accomplish their goals and target (Roos and Slabbert, 2014). Here, court can take the help of
different clause and section which has been included through which goal and targets can be
accomplished easily. Also, it is among one of the operative provision where there is no
requirement of additional research to declare result as it can be easily done through the process
of clause and sections which has been included in the law.
Extension of the analysis of the operative provisions: Extrinsic Aids
There are some of the situation within the court where decision is required to be delivered
but in simple words, it takes additional time period which creates some times issues. It is one of
the lengthy process which incurs unnecessary expenses but it is necessary decision should be
declared as soon as possible. There are number of clause with the Act which can easily allow to
declare clear result (Marwick and Miller, 2014). There are some of the doubtful situation where
it is necessary to understand that judges themselves has to put their efforts so that goals and
target can be accomplished which is very much important in scenario. Discussing about Extrinsic
Aids, it adds on the values because large area can be covered which be helpful for obtaining
effective result for longer time period.

Provide Ms Principal advice based upon your analysis of the Act.
Case Scenario: Principle who had an experience of 10 years was hired in one of the
private school. One of the parent was not satisfied with decision taken by school for the fight
which had taken place in 2020. Due to which he posts in different social media sites about
suggesting that Principal must be sacked where different types of comments were posted. This
post and comments has a negative impact upon Principal and notice was issued that she must
stand down from school and facing different types of issues on a daily basis. Also, her reputation
is placed at danger even she was not allowed to work again in the field of education.
Looking at the case scenario, it can be easily said there are some of the problem which
can be seen within the case where work is required to be done for the purpose of obtaining
effective result. While defining the Defamation on Social Media, it can be explained as the
offence done by any of the person with the help of telecommunication, electronic message, social
media as well as other related purpose (Mills, 2017). It is necessary to understand that in any of
the situation this types of business decisions are not allowed because it directly or indirectly
creates issues for other person. There are some of the objective of the act where it majorly wants
to focus towards establishing and regulating the telecommunication and messaging services. It
takes action against the person who troll or harass any other person for person benefit as it
completely against the plans and policies.
From the above given case, study it can be seen that Principal was harassed and her self-
respect was placed at danger. The question which raises within the particular case is that how
many of the clause has been breached by the person who has posted wrong image of the person
and included number of negative comments on it. In this case, Principal was in superior position
where it doesn’t matter how other feel because of the decision taken him or her. In the same
manner, it is said that Principal can take action against the parents because directly or indirectly
his career was placed in danger because of the post which was included in social media site.
Within the help of Telecommunications Ombudsman (TO), principle can prove that section 30
has been breached by the parent where he didn’t see that it is ethically and legally against the
policy to post that information which can create issue for other people. Section 33 was also
breached which says that compensation should be given by defaulter to innocent party in order to

recover the damages. Also, principal will get the option to force the party to delete the post from
all of the social media platform.
Provide Ms Blogger advice based upon your analysis of the Act including what could be done
against the troll or social media provider.
Case Scenario: There was contract between Ms Blogger and the fellow user of Australia. There
was contract that $100 will be given for each picture will be given. After certain period of time it
was found that there are number of other posts where authority has been not provided. Even it
was found that passwords to assess the page had been changed. Also, Ms Blogger had requested
Instagram to delete page but they also refused in this situation.
Looking at the scenario of the case, it can be said that section 32 of the act has been
breached by the law where it is necessary to understand that any of the information regarding any
of the person should not be posted in any of the social media side. If in case, it found so then
legal action will be taken against the party or organisation who has been involved in it. In this
situation the maximum penalty will be of 100 penalty units per publications. On the other side,
section 30 was also breeched in it where it was found that electronic media was used for person
benefit by posting unwanted information. Here, in this the maximum penalty will be of 1000
penalty unit.
As different issues have been seen within the case, it is necessary to understand that Ms
Blogger will get the option to force to remove all of those pics where she has not given the legal
permission. To use any of the information, permission must be taken and even passwords were
changed which shows that it was among one the case where fraud and cheating was also done
because intention were not clear. Also, damages can be claimed for the post where permission
has been not obtained (MacCallum, 2015). Whenever any of this situation arises, it simply
shows that company mistake was from the side of troll or social media provider. For misusing
the personal information, there is the option that page can be blocked from the social media site
for certain period of time so that similar form of mistakes will not be repeated by the party in any
of the circumstances. Finally, all of the information regarding troll or social media platform can
be displayed within the market so that similar from of mistake will not be performed in any of
the situation.

In short, it is among one those law and regulation which allows to being positive changes
within the society through which goals can be accomplished. Also, platform can be utilised in
best possible manner as per the requirement.
QUESTION 2
Detail how the proposed amendment needs to progress through the various stages in the
Commonwealth Parliament.
In any of the nation centralised government plays one of the crucial role because it
directly or indirectly allows the business organisation to accomplish goals within the specific
time period. Here it is necessary for any of the person to understand that any of the laws and
policies can be only formed in that respective condition where final authority has been approved
by Governor in General. It is said that Royal Assent of Governor in General is most important
because that is the only way through which any of the work can be performed. In order to bring
any of the amendment within the law and regulations, it is necessary that firstly bill is required to
be presented. Once bill is presented, there is a requirement of give a suitable title or title are
mentioned in it because it is bill where amendment is needed to be brought.
There are different other stages that are needed to be followed, as it is said that whenever
any of the law is required to be introduced, the role of Senate and the House of Representatives
plays the important role where it simply discusses that how any of the work is to be done. Also,
to form any of the law or to amend any of the law, there is the requirement that permission
should be obtained from both of the Commonwealth body (Bhimji and Varacallo, 2018). In order
to find the judgement of people, it is necessary to conduct voting process which can be essential
in obtaining the goals. This is the complete procedure which is required to be followed by any of
the ruling government for the purpose of bringing any of the amendments within the law and
regulation where weak points can be seen.
CONCLUSION
From the above discussion, it can be easily concluded that modern generation has the great
importance of social media because it allows them to take any of the effective decision. Any of
the person who has been involved within this particular sector must be able to ensure that the

time of posting any of the post, it must not harass or create problem for any of the other person
because it has a direct impact on accomplishing their personal milestones. If it is found that any
of the unlawful activity has been performed, then in that respective condition it will be important
for the solve issue with the help of lawful activity. Commonwealth law is only the main process
who has been authorised by the body to commence any of the law within the premises of
country.

REFERENCES
Books & Journals
Mills, A., 2015. The law applicable to cross-border defamation on social media: whose law
governs free speech in ‘Facebookistan’?. Journal of Media Law, 7(1), pp.1-35.
Pelletier, N., 2016. The emoji that cost $20,000: Triggering liability for defamation on social
media. Wash. UJL & Pol'y, 52, p.227.
Stewart, D., 2017. Social media and the law: A guidebook for communication students and
professionals. Taylor & Francis.
Butler, D.A. and Rodrick, S., 2015. Australian media law. Thomson Reuters (Professional)
Australia Limited.
McKeown, C., 2017. Facebook, Defamation, and Terrorism: Who Is Responsible for Dangerous
Posts on Social Media. Tul. J. Int'l & Comp. L., 26, p.163.
Roos, A. and Slabbert, M., 2014. Defamation on Facebook: Isparta v Richter 2013 6 SA 529
(GP). Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese
Regsblad, 17(6), pp.2845-2868.
Marwick, A.E. and Miller, R., 2014. Online harassment, defamation, and hateful speech: A
primer of the legal landscape. Fordham center on law and information policy report,
(2).
Mills, A., 2017. Choice of law in defamation and the regulation of free speech on social media:
nineteenth-century law meets twenty-first-century problems. In The Legal Challenges
of Social Media. Edward Elgar Publishing.
MacCallum, W., 2015. Defamation actions and social media: Where are the risks?. Governance
Directions, 67(11), p.677.
Bhimji, S.S. and Varacallo, M., 2018. Defamation.