In 2015 Joe Hockey successfully sued Fairfax in relation to defamatory material distributed over social media. Mr Hockey was successful on a small part of the claim and failed in respect of the remainder. although he received $200,000 in damages he had to pay post of his own hefty legal costs ($850,000).
The case is one of the first major cases about digital defamation in Australia. it is controversial for a number of reasons. Was it really appropriate for a political figure to take defamation action? Was the court right in holding that links to materials in a post shouldn’t have any bearing on whether content is defamatory? . Is it y too easy for rich people to take action and too hard for less well resourced defendants to defend themselves? Are Australia’s strict defamation laws appropriate given that other countries like the US favour freedom of speech?
Do you agree with the Court’s decision in the Hockey case. Give reasons for your view.