Sky News Australia has launched legal action against a university fact-checking organisation linked to Facebook, demanding assertions that some of its news reports were false must be retracted and compensation paid.
Lawyers from Ashurst, representing the broadcaster, have listed at least five fact-checks published by RMIT FactLab since December of the previous year that claim Sky News’s content is false.
Four of those are related to the Indigenous Voice to Parliament referendum.
RMIT FactLab is led by Russell Skelton, a former journalist at Fairfax who also led the ABC’s fact-checking arm and is married to ABC presenter Virginia Trioli.
The FactLab released the five fact-checks even though their certification from the International Fact-Checking Network (IFCN) had expired on December 2 of the previous year.
According to their agreement with Meta, the parent company of Facebook, RMIT FactLab is required to possess a valid IFCN certification in order to post its assessments with that site, which can lead to the original story being blocked.
‘Despite FactLab acknowledging it is not certified and its clear acceptance of that fact, demonstrated by the removal of some of the misleading material, the ‘verdicts’ will appear on the FactLab website and therefore are still being used on Facebook,’ the legal letter from Sky News read, first published by The Australian.
‘As you are aware, Meta only works with IFCN certified organisations as fact checkers.
A Peta Credlin editorial posted by Sky News was blocked on Facebook, with factcheckers claiming it was false information
‘Continuing to publish the verdicts, and provide them to Facebook, is clearly misleading when FactLab concedes it does not have the relevant certification required to do so.’
FactLab labelled a report from Sky News host Peta Credlin that the Uluru Statement of the Heart was 26 pages long rather than a one-page summary as false information, making it unavailable for viewing on Facebook.
Sky News launched an investigation which revealed FactLab’s role, and Meta then suspended its partnership with RMIT due to its lack of certification.
Sky also said the FactLab was biased in favour of a constitutionally enshrined Indigenous voice to federal parliament.
On Thursday, RMIT University’s legal representatives replied to Sky’s legal requests, and said the broadcaster’s actions led to the suspension of RMIT FactLab.
Sky News Australia has begun legal action against RMIT FactLab over verdicts (pictured, Sky News political commentator Peta Credlin)
They also argued that when Sky News created its own Facebook page, it had agreed to Meta’s terms of use so the legal claim should be against Meta and not RMIT.
‘These terms include that your client’s content may be subject to whatever programs Meta utilises or applies, such as third party fact-checking programs, or algorithms which either promote or reduce your client’s contents appearance in user’s feeds,’ RMIT’s lawyer said.
‘If, as your client claims, it has suffered quantifiable financial loss because of Meta’s application of its own terms of use, then your client’s claim is against Meta.’
Sky News’s legal team sent another letter to RMIT University on the following Friday, contesting these assertions.
‘Our client may have agreed to Meta’s terms of use, but its agreement to those terms do not extend to actions that breach the law and thus enable FactLab to conduct its ‘fact-checking’ for Meta whilst in breach of the consumer law,’ the letter from Sky’s lawyers said.
‘In any event, it is RMIT who has breached its agreement with Meta by failing to adhere to the requirements of its third-party fact checking program.’
An RMIT spokesperson told Daily Mail Australia that the university maintained confidence in FactLab.
‘RMIT FactLab stands by the accuracy of its work to date and as published,’ the spokesperson said.
‘It remains dedicated to slowing the spread of viral misinformation and disinformation through its fact checks.’
‘FactLab’s accreditation with the International Fact Checking Network (IFCN) is currently in the process of being renewed.
‘The IFCN has confirmed that RMIT FactLab has a record of successful compliance with the Code.’
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Read more at DailyMail.co.uk