This QLD article is about defamation and the possibility of being liable for defamatory comments on your body corporate building’s Facebook page.
Table of Contents:
- QUESTION: Our executive committee would like to create a Facebook page to increase communications. What are the pros and cons of developing a body corporate Facebook page?
- QUESTION: I run a Facebook page for my Body Corporate. Am I liable for defamatory comments?
Question: Our executive committee would like to create a Facebook page to increase communications. What are the pros and cons of developing a body corporate Facebook page?
As the secretary of our executive committee, I have been tasked with finding body corporate information. The executive committee would like to broaden our communication avenues. So far, we have installed notice boards and sent out emails.
We are also considering creating a Facebook page to answer questions, post information, etc. What are the pros and cons of developing a body corporate Facebook page?
Answer: A Facebook page can be a useful tool for improving communication and community engagement, but it must be carefully managed to avoid misinformation, privacy breaches, and disputes.
It is good that you are looking at ways to improve communication. A Facebook page can be a useful tool for improving communication and community engagement, but it must be carefully managed to avoid misinformation, privacy breaches, and disputes. It should not replace official notice processes, and clear guidelines must be established to maintain order. If the body corporate proceeds, careful moderation and legal awareness will be essential.
We set out below the key pros and cons to help you decide whether a Facebook page is the right tool for your body corporate.
Pros of a Facebook page for a body corporate
1. Improved communication and engagement
A Facebook page can provide a quick and convenient way to share information with owners and residents. Updates on meetings, maintenance works, upcoming projects, or general reminders can be posted in real time. This can improve engagement and awareness, especially among owners who may not check emails regularly.
2. Community building
A Facebook page can create a sense of community, allowing owners and residents to engage with each other, ask questions, and share concerns. This can be particularly beneficial for fostering cooperation and goodwill within the complex.
3. Cost-effective and accessible
Unlike formal notice distribution methods, Facebook is free to use. Most people already have an account and are familiar with the platform, making it an accessible tool for reaching owners and residents.
4. Transparency
Posting updates about decisions, maintenance schedules, and other relevant matters can help ensure transparency. Owners who are unable to attend meetings can stay informed about discussions and actions taken by the committee before issuing minutes.
Cons of a Facebook page for a body corporate
1. Risk of misinformation and disputes
Facebook pages can be a breeding ground for misinformation. If posts or comments contain incorrect information about body corporate matters, this can lead to confusion, unnecessary disputes, and even legal risks. Owners may also misinterpret casual discussions as official body corporate decisions.
2. Privacy and confidentiality concerns
Bodies corporate deal with sensitive issues, such as by-law breaches, levy payments, and disputes between owners. If owners discuss these matters publicly on Facebook, it could result in privacy breaches or defamation claims. Committee members should also be mindful not to disclose personal or confidential information.
3. No legal standing for notices
Official notices and correspondence must be issued through proper channels, such as email, letters, or official portals, in accordance with the Body Corporate and Community Management Act 1997 (Qld). A Facebook page does not replace legal requirements for serving notices, meaning all owners should still rely on official communication methods.
4. Difficulty in moderation
A Facebook page requires active moderation to ensure discussions remain respectful and compliant with body corporate rules. If disputes between owners arise in the comments section, this could escalate tensions and lead to unnecessary conflicts. Without proper moderation, the page could become a source of division rather than a helpful tool. Committee members are also transient, which could lead to regular changes in moderators.
5. Liability risks for committee members
If a Facebook page is run by committee members, they may become responsible for what is posted, even by other owners. This can create legal risks, particularly if defamatory, misleading, or offensive content is shared. If a committee member is acting as an administrator, they should ensure clear guidelines are in place and consider whether additional legal protections are needed.
Best practices if proceeding with a Facebook page
If the body corporate decides to proceed with a Facebook page, consider the following safeguards:
- Private group over public page: A private group with admin approval for members can help control who joins and what is posted.
- Clear rules and guidelines: Set rules about acceptable discussions and ban personal attacks, misinformation, and confidential matters.
- Moderation plan: Assign at least two moderators (ideally committee members) to oversee discussions and remove inappropriate posts.
- Clarify it’s not an official notice board: The page should clearly state that official body corporate matters will still be communicated through formal channels.
Brendan Pitman
Grace Lawyers
E: brendan.pitman@gracelawyers.com.au
P: 07 5554 8560
This post appears in Strata News #734.
Question: I run a Facebook page for my Body Corporate. Am I liable for defamatory comments?
Answer: The creator of the Facebook page will be treated as having published the comments.
The High Court has determined that the creators of a public Facebook page that permitted the posting of content on that page, “facilitated, encouraged, and thereby assisted” the publication of comments from third-party Facebook users. As a result, the creator of the Facebook page will be treated as having published the comments.
What does this mean for me?
This means that if you are the creator and/or administrator of a Facebook page and a third-party comments and/or posts on your Facebook page, you may be held liable for the content of that comment and may be subject to a defamation action.
What can I do?
Facebook has since changed its policy to allow for the comment facility to be disabled. To prevent liability under this new ruling the best options are to disable all comments or delete the Facebook page. A lesser option is to carefully and frequently monitor the comments on the Facebook page.
Peter Hunt
Mathews Hunt Legal
E: peter.hunt@mathewshuntlegal.com.au
This post appears in the October 2021 edition of The QLD Strata Magazine.
Have a question about defamatory comments on your building’s Facebook page or something to add to the article? Leave a comment below.
Read Next:
- QLD: Is it defamatory to call someone unfinancial?
- QLD: Defamation in Bodies Corporate
- QLD: FAQ – Accessing body corporate records
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