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this post was submitted on 29 Nov 2024
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Lemmy is not social media
Reddit is considered a social media under this law.
What makes Lemmy different?
They're not directly equivalent because Lemmy is a service (like HTTP, phpBB, or e-mail protocols), not a singular service provider (like Reddit or Gmail). The law would likely have to be enforced on individual instances.
In a practical sense, lawyers might want to have the compliance mechanism built into the Lemmy project itself... but what do I know, I'm not a lawyer, and lawyers generally know/care fuck all about the technicalities of emerging technologies.
Here's a link to the text of the legislation.
From what I understand they define it very broadly:
So basically everything Web 2.0 - ish that they haven't given an explicit exception to. Lemmy totally qualifies.
By those definitions any newspaper website with comments is social media. The sole purpose (or main purpose) of a Lemmy instance is to aggregate links, the comments are secondary (just like in newspaper websites). The definition is too vague and if you apply it to the letter it would include 99% of websites, even porn websites have comments these days.
We call them "link posts" and I think they may qualify as posts under this broad definition.
https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/osa2021154/s11.html
I think that is their intention
Well that clears things up...
Now they just need to define "social purposes".
They seem more concerned with making sure businesses won't have issues.
If retailers though they might have issues just because they let customers post product reviews there would have been a fell funded campaign against the legislation.
That'll definitely hold up in court. Delusional stuff 🤣.
On what grounds will it be struck down? The only constitutional rights recognised by the courts are the right to not have a state religion imposed on you and (as of 1991 or so) freedom of political association.
It's spelled out in literally the first clause. Enabling social interaction. Truly big brain shit.