22 minute read
DEFAMING PEOPLE ON SOCIAL MEDIA
from NOVEMBER 2021
You can now defame people via social media, without saying anything
Organisations should be critically reviewing their social media strategies following the High Court judgement in Fairfax Media Publications v Voller.
While the case involved some of Australia’s largest media organisations, the decision will impact anyone who is maintaining a social media page/s, including existing brands, businesses of all sizes, schools and associations or committees, charities and even local clubs.
That is because the court effectively opened the way for those who are targeted by keyboard warriors to bypass having to bring a complaint against trolls and claim directly against the owner of the social media page where those comments have been posted about them by others.
That is likely to result in further claims being brought as complainants are likely to see organisations as having greater capacity to pay than trolls, or individuals who post disparaging or defamatory comments to a page.
The question in Voller’s case was whether the media outlets (which were in the same position as anyone owning a social media page) had published the comments by allowing (or encouraging) others to post material to the outlet’s social media accounts – specifically Facebook.
The Court found that each of the media outlets published material in relation to Mr Voller by allowing others to access and post content on their Facebook page/s, leaving them exposed to a claim for defamation.
Relevantly, that question was considered in light of each of the media outlets having monitored their social media page/s and having deleted some comments (including the allegedly defamatory comments) after they were posted. Having removed these comments, the media outlets argued that they should not otherwise be liable.
Liability for defamation applies to comments which lower standing/ reputation when they are published to third parties. Until the comments are published there can be no defamation. The media outlets argued that they were passive or ‘innocent disseminators’ of information and that any comments posted to social media were the responsibility of the author. However, they acknowledged that the law recognises claims against publishers who decline to remove content once it is brought to their attention.
The Court found that the media outlets had facilitated and encouraged the posting of comments by third party users on pages which they controlled. It was those actions that put them in the position of publishers of the posted comments.
The case confirms that publishers (including anyone who owns a social media page) can be liable for defamatory comments even where they are unaware of the nature of the comments and are ‘publishers without notice’.
For those who own social media pages, the Court has extended those principles to refrain from providing others with a forum to say things that are not nice. The alternative is to take the risk of running social media accounts and to hope that others don’t post material that will get you into trouble.
All organisations should: 1. review their social media strategies (and pages); and 2. ensure that appropriate terms of use of their website (and social media) are posted to those pages seen and accepted by users.
Terms of use can be tailored to set the rules of posting comment and provide the host with some protection.
Organisations should also review access restrictions and implement monitoring of content. It is notable that Facebook has altered some of its settings since the commencement of the case.
Hosts will need to pay close attention to their settings and any changes which are made in the future.
If you require any guidance or advice, please contact Andrew Nicholson at 07 3224 0353.
STUDENTS REIGN SUPREME AT SECONDARY SCHOOLS CUP
From the northern reaches of our state to the sprawling cities of the south-east, Queensland’s best high school bowlers gathered at Club Pine Rivers for the Secondary School Cup Final held on October, 13-14. After last year’s hiatus due to Covid-19, enthusiasm and healthy competition reigned while all eyes were peeled on which school would leave Club Pine Rivers with the silverware. The winning school in 2019, Northern Beaches High School, wasn’t in the draw this year and neither was runner-up Pittsworth State High. There was a new winner to be crowned in 2021. The three bowl pairs competition is played over nine rounds before a winner is crowned. The game is played on shortened ends with games limited to a one-hour time limit or nine ends played. With power plays in the mix, the score is doubled for one end only giving teams a chance to swing a game in their favour.
Day One - october 13
Gladstone, Sunshine Coast and Gold Coast regions ruled the roost at Pine Rivers on day one of the Secondary Schools Cup. Mt Larcom High School featuring the duo of Kaleb Shields and William Masters won all five games to earn their spot on the top of the ladder with 10 points at the end of the first day. Sharing second place were Beerwah State High School’s Zacharie Flood and Jack Chirgwin who won four games and lost one and Nerang State High School’s Ryan Kiepe and Sophie Kiepe, who also won four games and lost one. Both second placed on day one finished with eight points. With only one win separating the top three teams going into the last day of the Secondary Schools Cup, who would end up champion was far from being decided.
Day Two - October 14
Players and spectators experienced one of Brisbane’s storms with heavy rain early on day two, but everyone was grateful that play could continue due to the covered
TEAMS
Harry Lawrence & Adam KIeevers (Atherton SHS/ Atherton BC) Lindsay Kirk & Jack Hayward (Kirwin HS/Ignatius HS/Thuringowa City BC) Toby Craig & Harry Craig (St Catherine’s/ Proserpine BC) Jamie Miller & Divan Smith (Mackay Christian College/Nth Mackay BC) Kaleb Shields & William Masters (Mt Larcom HS/ Mt Larcom BC) Bryce Jarrett & Brody Carter (Xavier/St James/ Pialba BC) Tilah Mason & Cody Bernard (James Nash SHS/ The Albert BC) Hayden Flood & Riley Paterson (Glasshouse Christian College/Glasshouse Country BC) Zacharie Flood & Jack Chirgwin (Beerwah SHS/ Glasshouse Country BC) Agustin Lehuede & Travis Gibbs (Millmerran SHS/ Millmerran BC) Connor McDougall & Finn Adam (Highfields State Secondary College/Nth Toowoomba BC) Blake King & Brendan Ford (Cavendish SHS/ Wellers Hill BC) Ryan Kiepe & Sophie Kiepe (Nerang SHS/Club Helensvale) Leteah O’Donnell & Sophie Allan (SERL College/ Club Helensvale)
Mackay Christian College: Divan Smith & Jamie Miller Cavendish SHS: Blake King & Brendan Ford Mt Larcom HS: Kaleb Shields & William Masters
Beerwah SHS: Jack Chirgwin & Zacharie Flood Nerang SHS: Ryan Kiepe & Sophie Kiepe Kirwin HS & Ignatius HS: Jack Hayward & Lindsay Kirk
Atherton SHS: Harry Lawrence & Adam Keevers James Nash SHS: Cody Bernard & Tilah Mason Xavier HS & St James HS: Bryce Jarrett & Brody Carter
St Catherine’s: Toby Craig & Harry Craig Milmerran SHS: Agustin Lehued & Travis Gibbs
Highfields College: Finn Adam & Connor McDougall Glasshouse Christian College: Riley Paterson & Hayden Flood
SERL College: Leteah O’Donnell & Sophie Allan
Winners James Nash SHS: Tilah Mason & Cody Bernard
greens at Club Pine Rivers. The teenagers remained unperturbed, with every bowl played vital in determining the winner of the 2021 Cup. Beerwah State High with Jack Chirgwin and Zacharie Flood toppled Mt Larcom with a win of 12-4 in Round 6 and had a massive win 22-1 against SERL college in Round 7 and an equally impressive score of 15-2 against Nerang College in Round 8, pushing themselves to first place on the ladder, overtaking James Nash by a margin of 20 shots. By the end of Round 8, James Nash State High with Cody Bernard and Tilah Mason sat solidly in second position on the ladder after forging ahead and winning against Glasshouse College 22-6 in Round 6, Highfields College 10-7 in Round 7 and Mackay Christian College 13-4 in Round 8. Going into the final round it remained a two-team race between James Nash and Beerwah, with Beerwah looking to be the favourites but a loss to Kirwin and Ignatius Highs and a spectacular win for the surging James Nash side of 26-1 against Cavendish State High decided the final winners of the event, showing that the Fraser Coast region is not to be messed with. James Nash claimed the Schools Cup after winning eight games and losing just one, with runners-up Beerwah a close second after winning seven out of the nine games. James Nash finished at the top of the ladder with a score of 16 points and a margin of 96 shots, Beerwah with 14 points plus 83. Three other teams also finished close behind on 14 points: Xavier/St James +60, Kirwin/Ignatius +43 and Atherton +29. Congratulations to Tilah Mason and Cody Bernard. New bowler Tilah Mason (James Nash) said that she had only started playing bowls at the beginning of the year. “Cody asked me if I wanted to go to this event with him and I didn’t actually think that we were going to win!” “It was a good experience and Cody is a really good coach. “He’s going to go to the Olympics one day.” “That’s my goal,” said Cody Bernard. “I feel really good, the last game came right down to the wire. I had trained and practised hard, helped to coach Tilah and was just confident in myself, but not overconfident as anything can happen in bowls.”
Jack Chirgwin (Beerwah) said that even though it they came close to winning, he felt pretty good. “Zacharie and I play well together and it’s a shame we couldn’t get the win in the last game,” Jack said. Zacharie said he’d only been playing bowls for about eight months so to come a close second is great. “I felt that when Jack asked me to put down a bowl in a specific place, I was able to do that,” Zacharie said. To see detailed scores, go to: http://www. bowlsqldonline.org/#!/eventPublic/ resultdisciplines To see videos of the games go to: https:// www.bowlsqld.org/2021-secondaryschools-cup/ Thank you to Club Pine Rivers and J Carroll Club Promotions for their support of this event.
Runners-up Beerwah SHS: Zacharie Flood & Jack Chirgwin
WHAT’S YOUR CLUB BEEN DOING?
CROWD-PLEASING CARNIVAL FOR CLERMONT
By Cathy Storer/Wilson
The Blair Athol Clermont Bowls Club recently held its annual carnival with more than 70 players coming from Mackay, Emerald, Townsville and Brisbane. The winner on the day was Emerald and second was Mackay. All players showed good sportsmanship in the five games played. The colours on the green certainly attracted attention from locals in Clermont, with our small town being a little buzz of activity during the weekend of the event. The bowls club solely runs on volunteer help so it was “all hands on deck” to make it a great success. Thank you to our ladies for the catering and the men and women for working the bar as well as organising and moving the games along. Thank you to the Isaac Regional Council, Leo Hotel Motel and Glencore for their sponsorship. Without this, our carnival would not happen and the funds raised during the weekend keeps this little club going. A big congratulations to the green keeper for the hard work put in on our grass green. Thanks Eddie Storer and your crew for the fabulous playing surface, which was evidenced with all the great comments made by the competitors. The success of this carnival has provided much needed funds for improvements. Thank you for all who came and we know we will see your smiling faces back next year and hopefully some new ones!
By Graham Healy
Toowoomba City Bowls Club recently held its third Metals-R-Us Open Fours Carnival, attracting 20 teams from all over South-East Queensland, all vying for a share in $10,000 prize money on offer. Perfect spring weather provided ideal conditions for players over both days with the event scheduled right at the end of the city’s famous Carnival of Flowers festival. Overall winners of the carnival were Julia Allen-Best, Talon Lawson, Calum Brownie and Adam Liddell. Thanks to sponsors (Metals-R-Us, a subsidiary of the Neil Mansell Group).
Winners L-R: Calum Brownie, Talon Lawson, Julia Allen-Best, Adam Liddell. Metals-R-Us sponsors Michael Healy & Ryan Goodwin
‘JUST ONE SHOT!’ WINS THE ZONE FINALS FOR BUNDY DISTRICT
By Maxine Stauffer
Bundaberg District was represented by Bargara and Central Qld District by Yeppoon in the Pennant Zone Finals. It was a very exciting game. At one stage Bundaberg district were 14 shots down overall and fought back with lots of encouragement from the spectators to win by just one shot. The next step is the Pennant State Finals in November.
By Terrie Crozier and Michael Loughhead
Five candidates each from Bowen Bowls Club and Wangaratta Bowls Club successfully completed an umpire’s course showing competencies in the three units of marking, measuring and umpiring. The course presented by national umpires, Michael Loughhead and Terrie Crozier, proved to be an eye opener for all 10 candidates who, by their own admission, knew very little about the technical aspects of the game prior to the commencement of the course. Of particular interest was the marking aspect, in which participants freely admitted that it would help improve their singles game. The technical aspects of the game proved a little more difficult, especially when it came to using the correct terminology. On completion of the course, candidates were offered and accepted further training in the laws of the game. On Sunday, 21st November, Allan Leverton will be conducting an introduction to laser measuring at Cutheringa Bowls Club, Townsville.
Umpire accreditation Bowen L-R: Michael Loughhead, Steve Roome, Tracy Roach, Helen Jacobson, Gus Mondroe & Terrie Crozier Absent: Jill Bridon Umpire accreditation Wangaratta L-R: Michael Loughhead, Linda Tickle, Robyn Stitt, Penny Warren, Denise Wallace & Terrie Crozier
SOUTH TOWNSVILLE CLAIMS NQDLBA PREMIER CUP
Congratulations to the South Townsville ladies who have brought home the Premier Cup for the first time since 2011. This four-day event attracted 11 clubs from Ingham to Bowen, each playing 10 games of 21 ends. The Premier Cup, formerly known as the Standard Cup, is the marathon of lawn bowls in the North Queensland District and it is the ladies’ equivalent of the men’s Dunn Cup. Each club in the North Queensland District is invited to enter one women’s fours team. South Townsville’s team of Lorraine McClintok, Lynette Riches, Kay Lehmann and Kaye O’Sullivan won nine
Winners South Townsville L-R: Lorraine McClintock, Lynette Riches, Kay Lehmann & Kaye O’Sullivan (Kaos)
games with a margin of 84. The team made an emotional and loving tribute to their four mothers who were also keen bowlers in their acceptance speech. Runner up was the Wangaratta team of Denise Wallace, Margaret Wilson, Penny Warren and Linda Tickle. Unfortunately, the retractable shade cover had been ripped so the players soldiered on in breezy, sunny conditions. The new carpet green which had been in play for the last two years was excellent. The event was run seamlessly by controllers Carolyn Huddy and Sandra Harbourne with excellent advice and umpiring by national umpires, Terri Crozier and Michael Loughead. Last year’s winners, Ayr, was the host club so a big thank you to president Beryl Cornford and her cheery band of bar and kitchen volunteers, who ensured the event was an outstanding success.
By Susan Williams
The annual Friendship and Charity Day was recently held at Pine Rivers Ladies’ Bowls Club. This day celebrates friendships and enjoyment in the sport of lawn bowls, as well as raising funds for the president’s selected charity. It is a free day for all club members, encouraging players to formulate their own teams of their special bowling friends. More than 90 people attended this special day, with many ladies sporting the charity colour of purple, the chosen colour for DV Connect (Domestic Violence) which is this year’s president’s charity. Many members brought delicious homemade produce such as pickles, jams and cakes, plus potted plants, crafts and gifts and put them for sale on the fundraising stalls. This year the fundraising amounted to $1,800 which was a great effort by all who contributed. After a fun morning of bowls, a tasty lunch comprising of sandwiches, cake, tea and coffee was provided on the outside deck. This was then followed by raffles and 20 ‘out of the hat’ winners sponsored by Chris Deutschmann. Everyone enjoyed the day which was celebrated in a relaxed and harmonious atmosphere. We all look forward to the next Friendship and Charity Day 2022.
Charity Day stalls
Attending players at the Friendship & Charity Day 2021
JUBILEE HOLDS ITS 70TH BIRTHDAY
Congratulations to Townsville’s Jubilee Bowls Club that recently celebrated its 70th birthday. Pictured left to right are Jubilee Ladies President Marion Nicholson, BQ’s Colleen Ryan & President NQLDBA President Gwen Thomas.
By Geoffrey Davis
The Southern Cross Bowls Club in Warwick, on the beautiful Southern Downs, recently had a Footy Fun Day. There were no injuries or send-offs, though the play was a bit rough with numerous shoulder charges from the bowlers as they went crashing into the head. Twelve teams of triples took part in the first of a well organised “footy” event by Clark Davidson, with players showing off their favourite NRL colours. Actually, some were “showing off” a lot. It also wasn’t known if the president was wearing a skirt or a flag. The Rabbits must have been breeding and were there in big numbers, luckily they didn’t cause too
Winners L-R: Kim Hankinson, John Cochrane & Barry Frame
much damage. The Cowboys had trouble mustering up a decent score, and the Manly Sea Eagles drowned in a sea of competition only managing to catch the wooden spoon. Somehow the St George Dragons scorched the field, coming up trumps on the day with the highest aggregate score over 3 rounds and took home the major prizes of artwork of their favourite team. Congratulations to Kim, Cocky and Barry Frame who were all very lucky not to get 10 in the bin. Speaking of artwork, Pat Gainey’s excellent paintings that were raffled were won by Bill Lee (Panthers) and John Lawardorn (Eels). “Toucher” scratchy prizes went to Danny Lyons, Rob Francis, Al Thornton, Jim Lamb, Linda Nolan, Cita Weier, Greg Johnson, Kev Mooney, Cocky, Pat Gainey, John Lawardorn, Cathy Hankinson, Penny, Geoff Davis, Liam Holland and Nick Farmer. Raffle winners were Cocky, Liam, John L and “Handy” Al Thornton. The BBQ lunch was well received and thanks went to all the volunteers that made the day happen. Next year we hope it will be even bigger and better with plenty of new ideas coming from the coaches. For barefoot bowls, social and competition bowls, functions and bar, it is hard to go past the Southern Cross Bowls Club Inc. opposite St Mary’s Church in Warwick. Follow the club on Facebook or contact the Secretary, Cheryl on 0407 641 158 for any further information.
L-R: Wayne Erikson, Kerry Martin (winner), Ron Jepson (winner) & Gary Costigan
By Wayne Erikson
Eighteen teams of men and women took part in South Townsville’s 75th anniversary week of bowls in October. Players from Ipswich, Hervey Bay, Emerald and Mackay arrived at South Townsville BC to take on players from local clubs Thuringowa, Suburban and South Townsville. The playing format of three games of 15 ends and three bowls, four bowls and 242 challenged many of the players. By the end of the day, using a scoring system of wins, ends then margins we had several close finishing teams, with prize money down to fifth place. A very successful day was had by all. Winners on the day were Kerry Martin and Ron Jepson (first), Geoff Garner and Harry Poole (second), Glen Shimeld and Les Brice (third), Betty Rowe and Alan Brown (fourth) and Alan Wynne and Bill Pierce. A big thanks goes out to Di and Ron Jepson for donating badges for the winners and Kevin Giesshan from KJ Steel, Phil from the Siganto Family trust and the South Townsville Bowls Club for sponsoring the cash prizes.
BEENLEIGH MUDDIES pink day
By Amy Armstrong
Each year the Beenleigh Bowls Club ladies organise Pink Day to raise awareness and donations for Breast Cancer Research, a cause close to the hearts of many of our members. Our club also regularly opens its carpark to the Breast Screening truck to assist our community with free mammograms. Pink Day is open to all bowls members and they are encouraged to wear their favourite or craziest pink attire. We played two games of triples with a yummy morning tea and lunch provided. All raffle prizes on the day are donated by our bowlers and we raised a whopping $400 just from the raffle ticket sales. Our club also donated half of the green fees from the day to the cause. The day wouldn’t have happened without our amazing volunteers and ladies committee members. As you can see from the photo, everyone got into the spirit, it was a sea of pink on our greens.
By Joyce McGeorge
Congratulations to the winners of the 2021 Downs & District Pennant Season: • Division 1:
North Toowoomba
BC • Division 2:
Drayton BC • Division 3:
Toowoomba BC • Division 4:
Drayton BC
Division 1 Winners North Toowoomba Bowls Club L-R: Jo Worsley, Lisa Bryant, Nola Costabeber, Theresa Thomas, Brenda Shea, Therese Smith, Jan Mitchell, Karen Lavender, Del Clark & Lyn Mott
Division 2 Winners Drayton Bowls Club L-R: Tracy Foster, Judy Slattery, Karen Livingstone, Margaret Duff, Lorraine Callaghan, Margaret Morris, Kay Jenkins, Pat Talbot & Bonnie Gordon (absent Imelda Brumpton) Division 3 Winners Toowoomba Bowls Club L-R: Ann French, Ruth Eddie, Rhonda Cook, Margaret Podmore, Gai Mitchell, Coral Rowling, Joyce McGeorge, Diane van Zeeland & Bonnie Gordon
THEODORE PRESIDENT’S DAY
By Garry Walker
Teams from Taroom, Moura, Wowan, Victoria Park, Emu Park, Diggers Memorial, CQDMBA and Gracemere travelled to Theodore for Darryn Walkers Presidents Day on September 19. The Theodore Club has a very small membership, but all are very willing workers and the effort put in by them all on the day was incredible.
By Lesley Bates
Every three years, clubs from the North Queensland and Tropical Far North Districts are welcomed to the North West District for the champion of champions playoffs for Zone 6. Players arrived by train, car and plane to contest and were shown true country hospitality by the host club and locals. • Pairs: Mark Edwards and Gary Costigan from Thuringowa City won and the South Johnstone team of Kevin Foord and
Kevin Deegan were the runners up. • Mixed Pairs: North West’s Mount Isa (Island) Club members Bev Peters & Peter Baker proved too strong for Sean
Anderson (Ando Jnr) from Cutheringa who paired with Wangaratta’s Penny Warren and were defeated on the last end. • Singles: Gordonvale’s Nick Twining won with Mark Edwards from Thuringowa City as the runner up. • South Townsville Bowls Club won the pennants title from Mount Isa. • Fours: Mount Isa (Island) Club defeated Jubilee. Congratulations to all players from the three districts who competed and to the winners we wish you the best of luck for pairs and the pennants finals which are still to be played. Thank you to Leichhardt Services for preparing their excellent grass green which was a challenge to many of the players who have been accustomed to carpet. The catering and service was excellent and thanks for hosting this great event.