Supaphien v Chaiyabarn [2026] ACTCA 5
A ‘shopping service’ operator was accused of selling a fake Chanel handbag. A social media video later detailed the allegation without naming the person13. She sued for defamation alleging ‘serious harm’14.
One issue was how social media posts are to be understood. The trial judge said that posts are to be read in a ‘somewhat informal manner’ because social media is a ‘casual medium’. That is, they are ‘in the nature of conversation rather than carefully chosen expression’15. McWilliam J (at [121-123]) said this underestimated the impact posts may have, ‘especially within a particular community’. Posts may cause serious harm to reputation, though not here.
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Footnotes:
13 The post was ‘liked’ 185 times, received 144 comments & shared 34 times.
14 s 122A of the Civil Law (Wrongs) Act 2002 (ACT).
15 Randell [2022] NSWDC 506 [18], Bazzi [2022] FCAFC 84 [29] cited.