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Australian Agency Rules Facebook Pages Responsible For Comments

jibjibjib writes "The Australian reports that brands in Australia could be forced to abandon their social media campaigns, after the Advertising Standards Bureau ruled that they were responsible for comments posted on their pages. According to the article, the ASB is poised to release a report attacking Carlton & United Breweries for derogatory comments posted on one of their official Facebook pages, despite CUB monitoring and removing those comments twice daily. Legal expert John Swinson commented on the decision, saying 'You simply can no longer have two-way conversations with your customers.'"

8 of 141 comments (clear)

  1. Re:Good. by ThunderBird89 · · Score: 4, Insightful

    Why should anyone share responsibility for what you say? In the same vein, should the local government, the builder company and the maker of a cardboard box be responsible for anything I shout while standing on said box on a street corner? Is London responsible for whatever anyone says on Speakers' Corner?

    --
    Hyperbole: I use it liberally!
  2. Humour by quenda · · Score: 4, Informative

    Apparently the humour of some posts has gone right over the heads of the Advertising Standards Bureau.
    You see, the VB brand has a bit of a bogan image, ie redneck, lower socioeconomic. So when the posters mentioned sluts and poofs, they are not mocking women and homosexuals, but the brand and the stereotypical people perceived to drink it.

  3. Re:Good. by Eyeball97 · · Score: 4, Interesting

    I am an advocate of organisations having a degree of responsibility for anything they intend to profit from - so I think Facebook should be party responsible for everything posted on Facebook, and organisations with Facebook pages should be partly responsible for anything posted on their pages.

    What kind of twisted reasoning could possibly lead you to that conclusion?

    I disagree wholeheartedly but I'm open minded enough to argue WHY you think anyone should be responsible for someone else's comments.

    By your logic, Slashdot is (partly?) responsible for THIS comment? And yours? Where do you draw the line? Why should the fact that Slashdot (presumably) makes one off running the site make a difference, why the distinction whether it's for-profit or non-profit?

  4. Re:Good. by bug1 · · Score: 4, Funny

    "In the same vein, should the local government, the builder company and the maker of a cardboard box be responsible for anything I shout while standing on said box on a street corner?"

    Whilst lying on the ground as a result of trying to stand on the cardbox box, will you think someone other than yourself responsible for your fall ?

  5. Re:Good. by ThunderBird89 · · Score: 4, Interesting

    Why should anyone share responsibility for what you say?

    Why should anyone profit from what you say?

    I fail to see how the company profited from derogatory slurs...

    In the same vein, should the local government, the builder company and the maker of a cardboard box be responsible for anything I shout while standing on said box on a street corner?

    Yes, to the extent each party knowingly continues to benefit from it.

    The whole point in government, being a body representing the people, is that it holds a degree of responsibility for what the people do. Bad government implies bad citizenry, and vice versa.

    It doesn't, not in the slightest. The government holds responsibility for its actions towards its electors, but not for all the actions of its people. Otherwise, I could sue your state for any given thing, like trying to slander me. Bad government implies bad politicians, but it has nothing to do with the populace in general.

    Is London responsible for whatever anyone says on Speakers' Corner?

    Of course. Try spending a minute calling everyone around you to "kill dirty niggers and kikes, especially that Jamal Rosenberg guy at number 27" and see what happens.

    Most political speech is necessary, though - which is why the government is responsible for protecting rather than prohibiting it.

    That's simple hate speech, prosecutable under law. Connecting this to the article, someone targeted by the "hate speech" on the page could file a complaint and have the court investigate it, but certainly not Facebook or the company itself (who was not a target).

    --
    Hyperbole: I use it liberally!
  6. Terrible, just awful by roman_mir · · Score: 4, Insightful

    This is just the worst that comes out of courtrooms.

    Think about it - you start a business, it doesn't even have to be big or anything, maybe you are giving advice, maybe you are selling toy airplanes, hell, maybe you are giving away toy airplanes (I don't know why I chose airplanes here), and somebody posts comments on your forum that are 'derogatory'.

    Well those comments just may be derogatory, but how can the person hosting the forum be held responsible for derogatory comments made by other people?

    What about /.? It's a business, after all, people are getting paid to run it, there are ads here (I think), so what would happen if /. was held personally responsible for all the derogatory shit that people spill here?

    "Fuck nigger cocksucker dyke blow me." - so somebody leaves comments like that or whatever on a forum and all of a sudden a person or a business hosting it is responsible and is liable to all sorts of lawsuits.

    THAT stifles innovation. THAT prevents innovative people from starting businesses that rely on new ideas how to promote their business, it sure HELPS the monopolies (and that's how monopolies are created - with government interference in the market in the first place, and this IS government interference with the market, and this will prevent innovation and stifle competition and help monopolies).

    ALL basic freedoms are important to have a vibrant economy, freedom of speech, association, private property ownership, speedy trial, not being thrown in jail without a trial, not being harassed by the government, etc.

    Take one of those freedoms out and you stop the economy from innovating, and this is important. Think about the Mars mission with Curiosity. Is it important to have a vibrant economy to be able to freaking afford a mission like that? Is Zimbabwe running a mission like that?

  7. Does the ASB have facebook? by Anonymous Coward · · Score: 5, Funny

    No reason, just curious...

  8. Re:New proof... by dbIII · · Score: 4, Informative

    It's funny how you smug insulting Americans know so little of your own history. Australia only became a penal colony because England could no longer use America for that purpose.