September 11, 2023
Monday 11 September 2023
The Australian
Sophie Elsworth
Sky News Australia has begun legal action against RMIT FactLab, demanding the retraction of false fact-checking verdicts on the TV channel’s online content, and reimbursement for lost revenue.
The broadcaster’s lawyers, Ashurst, have written to RMIT University and listed at least five fact checks published since December last year – four relating to voice referendum content – that claim Sky’s content is false.
RMIT FactLab, led by director Russell Skelton, published the five fact checks despite its International Fact-Checking Network certification expiring on December 2 last year. To issue fact-checking verdicts, RMIT FactLab must hold a valid IFCN certification as part of its agreement with social media giant and Facebook owner, Meta.
A legal letter to RMIT by Sky News Australia’s lawyers on August 28, said the lack of IFCN certification was problematic.
“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,” it said.
“As you are aware, Meta only works with IFCN certified organisations as fact checkers.
“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.”
The letter has also accused RMIT FactLab of stating it has certification it no longer holds on fact check verdicts. Sky’s lawyers said this is “false and misleading” under Australian Consumer Law.
FactLab came under fire last month after it fact checked reports by Sky News host Peta Credlin that the Uluru Statement from the Heart was 26 pages long.
Sky News uploaded a video of Credlin’s comments about the statement’s length on its Facebook page but FactLab declared it was “false information” and a tag was placed on the video. It was subsequently unable to be viewed.
Sky News, owned by News Corporation, publisher of The Australian, published a lengthy report on the saga and conduct by RMIT FactLab in the “Fact Check Files”, by digital editor Jack Houghton.
Meta subsequently suspended its partnership with RMIT Fact-Lab, due to the lapsed IFCN certification status and concerns of bias in relation to fact checks done on voice debate content.
RMIT University’s lawyers responded to Sky’s legal demands on Thursday and said the broadcaster’s actions had resulted in the RMIT FactLab’s suspension. The lawyers also said when Sky established a Facebook page, “it agreed to Meta’s terms of use” and that Sky should instead take legal action against Meta.
“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.”
However, Sky’s lawyers sent a legal letter to RMIT University on Friday disputing these claims.
“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.”
Liberal Senator James Paterson wrote to Meta on August 30 and asked the tech giant to review all previous fact checks done by the RMIT’s FactLab and release the findings publicly.
On Saturday, Meta’s regional director of policy, Mia Garlick, in a response to Senator Paterson, said complaints about fact checks should be sent to the IFCN.
“With respect to any concerns about the nature of a fact check, to ensure the independence of the fact-checking process and to allow them to be promptly addressed, these must be addressed directly with the individual fact-checker within seven days of the fact check,” she said.
“At present, given the length of time that has occurred since the fact checks you reference, complaints about any concerns that a fact-checker has not met the IFCN requirements should be directed to the International Fact Checking Network.”
An RMIT spokeswoman said FactLab’s accreditation with IFCN is in the process of being renewed. “RMIT FactLab stands by the accuracy of its work to date and remains dedicated to slowing the spread of viral misinformation and disinformation through its fact checks,” she said.
