Yeah, Facebook is clearly the Publisher.
If facebook is responsible, why not the ISP as well? Maybe we should accept that platforms like facebook and reddit are similar to VPS hosting companies where we delegate the legal responsibility down further to the one who used the software to create the space.
This might actually be a good thing as delegating down means a much larger group of people moderating and those people moderate as they see fit but become legally responsible for their actions.
If Facebook was and unmoderated wild west with a linear timeline, then people would know they have to self moderate.
Facebook as made some decisions about what is acceptable, then actively promotes that content to other people, that is taking responsibility for the content, so they should be held responsible as well.
> The Court of Appeal was correct to hold that the acts of the appellants in facilitating, encouraging and thereby assisting the posting of comments by the third-party Facebook users rendered them publishers of those comments.
But lets be clear, telephone and electricity companies don't moderate your content, or use algorithms that makes some content easier to find than others.
For example see News Media and Digital Platforms Mandatory Bargaining Code - it requires platforms such as FB to enter into commercial arrangements with news media (https://www.aph.gov.au/Parliamentary_Business/Bills_Legislat...)
Don't get me started about the mandatory bargaining code. I think the ISP should have held their ground and pulled out of Australia.
ISPs also have the power to stop the publishing of those comments. In fact, ISPs are necessary to facilitate the publishing of any comments on the internet.