Dylan Voller is suing the media outlets for Facebook comments by readers.Credit:60 Minutes
Courts have previously held people liable for the"continued publication"of defamatory statements on platforms they controlled,such as noticeboards and walls,only after they became aware of the comments. However,those cases pre-dated the internet.
The Voller ruling has implications for other organisations and people with public social media accounts.
On Tuesday,the High Court granted special leave to the news outlets to appeal against that decision and will hear the appeal at a later date.
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Mr Voller launched defamation proceedings against Nine Entertainment Co,News Corp Australia and the Australian News Channel in 2017 over comments by readers on the Facebook pages of theHerald,The Australian,the Centralian Advocate,Sky News Australia and The Bolt Report.
In a pre-trial decision in June last year,largely affirmed by the Court of Appeal,Supreme Court Justice Stephen Rothman found the media companies had"published"the comments.
The Court of Appeal said it was"immaterial"the comments about Mr Voller were promptly removed when the outlets became aware of them. Justices Anthony Meagher and Acting Justice Carolyn Simpson said news outlets were publishers of the comments"from the outset"because they had invited comments on their public Facebook pages.