Case Notes, Trade practices

Blogger found to have engaged in misleading or deceptive conduct: Nextra Australia Pty Limited v Fletcher [2014] FCA 399

The Federal Court has held that a blog published for reasons including the promotion of the blogger’s commercial interests could be “in trade or commerce”: Nextra Australia Pty Limited v Fletcher [2014] FCA 399.

After the Seafolly case, where it was held that representations made on a personal Facebook page might be “in trade or commerce” for the purposes of the trade practices legislation, this case further emphasises the need for traders to exercise caution in the way in which social media and other new publishing technologies are used.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s