You may have noticed that we have been removing comments on our social media. To be transparent, we have also been blocking many people from accessing our content.

The reality is, we have no obligation to keep these comments on our platforms. But we do have the responsibility to monitor the responses we get online and remove any harmful, offensive, derogatory, racist or defamatory material.

The sad truth is, there are a lot of them, and that is why it is so noticeable. We remove comments almost daily, and block people regularly.

If you want to keep access to our content, the solution is simple; don't be racist.

For clarification, in Australia, there is no explicit constitutional right to freedom of speech. Unlike countries such as the United States, our Constitution doesn’t have a First Amendment–style protection. Instead, the High Court has recognised an “implied freedom of political communication,” but this is narrow, exists only to support our system of representative government, and applies as a limit on government power rather than a broad personal right.

This means that, contrary to popular belief, free speech here is not absolute. It is restricted by a mix of laws, including those covering defamation, discrimination, and public order.

For anyone running a social media page, this is particularly important. Private organisations and individuals are under no legal obligation to keep any comments on their platforms, especially racist, hateful, or otherwise harmful content.

In fact, there are situations where the law requires you to remove it. The Racial Discrimination Act 1975 makes it unlawful to publicly act in a way that is reasonably likely to “offend, insult, humiliate or intimidate” a person or group based on race. Court cases have shown that removal of such content can be ordered, and failure to act can have consequences.

Defamation law also plays a major role. The High Court’s decision in Fairfax Media v Voller confirmed that social media page owners can be held liable for defamatory comments posted by others on their page, because by hosting the page and encouraging interaction, they are considered to be “publishers” of that content.

While some reforms now offer a limited defence for “innocent dissemination” in certain states and territories, the safest course remains swift moderation.

Now we are not perfect, and we miss the odd comment here and there, but we do try to monitor everything. If you do see a remaining comment, please feel free to get in touch so we can remove it. 

If you are someone who prefers to make those comments, just keep on scrolling. You don't need to interact with us, and we would prefer you dont; removing your comments and blocking you is a waste of our time and resources. You should also know we do screen shot these comments and reserve the right to use these images into the future to highlight racism.