{"id":3772,"date":"2021-10-07T14:48:24","date_gmt":"2021-10-07T03:48:24","guid":{"rendered":"https:\/\/sanickilawyers.com.au\/?p=3772"},"modified":"2021-10-07T14:48:24","modified_gmt":"2021-10-07T03:48:24","slug":"instagram-call-out-account-diet-prada-is-being-sued-so-what-does-this-mean-for-local-creators-2","status":"publish","type":"post","link":"https:\/\/sanickilawyers.com.au\/instagram-call-out-account-diet-prada-is-being-sued-so-what-does-this-mean-for-local-creators-2\/","title":{"rendered":"Instagram call-out account Diet Prada is being sued, so what does this mean for local creators?"},"content":{"rendered":"\n

The prolific reach of Instagram influencers is undeniable \u2013 it\u2019s in the name. However, when it comes to your content centring around commentary on individuals and commercial entities, where is the line drawn between freedom of speech and character assassination?<\/p>\n\n\n\n

As a direct result of contemporary \u2018call-out culture\u2019<\/a> phenomenon, various local social media creators and similar overseas accounts are coming under fire. For example, the heralded Diet Prada is the latest high-profile victim of the phenomenon.<\/p>\n\n\n\n

The renowned call-out account is currently the subject of a defamation suit issued by the fashion giant Dolce & Gabbana. With over 2.9 million followers on the Instagram platform, Diet Prada rose to social media fame through its \u2018call outs\u2019 on problematic behaviour in individuals and companies within fashion, aiming to \u2018hold the fashion industry to a higher ethical standard.\u2019<\/p>\n\n\n\n

In a recent Fashion Journal article<\/a>, Bianca O\u2019Neill details the lawsuit, and what this means for local creators.<\/p>\n\n\n\n

To summarise, Dolce & Gabba are seeking approximately \u20ac450 million in damages<\/a> from Diet Prada, stemming from a number of Instagram posts made by the account. The posts made criticised the fashion house\u2019s 2018 advertising campaign for its \u201cstereotypical and sexist depiction of a Chinese woman and revealed anti-Asian remarks originating from Gabbana\u2019s Instagram account.<\/a>\u201d<\/p>\n\n\n\n

Unsurprisingly, the news was not well received by its readers. The brand\u2019s Shanghai show that was planned to go ahead days after the post was cancelled as a result. In conjunction, a public apology was posted on Dolce & Gabbana\u2019s YouTube page. Consequently, the fashion house seeks damages of \u20ac8.6 million for the cancellation of the Shanghai show and a further \u20ac8.6 million for staff expenditures.<\/a><\/p>\n\n\n\n

The Asian consumer boycott stemming from Diet Prada\u2019s posts caused another \u20ac89.6 million to be claimed for Dolce & Gabbana\u2019s lost revenue from Asian sales between November 2018-March 2019.<\/p>\n\n\n\n

Sanicki Lawyers\u2019 own Jonathan<\/a> was asked about the legal ramifications of this increase in call-out culture on social media in an Australian context. It was noted that in Australia \u2013 Diet Prada would have two strong defences available to them in the event of a similarly made defamation claim, with those being the posts representing the \u2018substantial truth, or an \u2018honest opinion\u2019. Despite this however, Xian adds that caution should still be exercised when posting perceivably inflammatory information on the internet.<\/p>\n\n\n\n

\u201cWe have acted in many matters involving social media publications,\u201d says Xian. \u201cIn most cases, people do not realise that social media publications carry the same weight, in the eyes of the law of defamation, as \u2018traditional\u2019 forms of publication, such as newspaper or television.\u201d<\/p>\n\n\n\n

\u201cFacebook and Instagram are often seen as a \u2018free-for-all\u2019 environment, in which call-out culture prevails and freedom of speech is taken for granted. In reality, due to the ease with which information spreads on social media, defamatory publications made on social media can have far-reaching and highly damaging consequences, which should not be taken lightly.\u201d<\/p>\n\n\n\n

The benefits in having such social media accounts to increase inclusivity and hold the industry accountable are clear. However, the law still exists, and is making a proactive effort to keep up with the times.<\/p>\n\n\n\n

The conclusion, as best stated by O\u2019Neill herself:<\/p>\n\n\n\n

Beware the new world (internet) order: call-out accounts are now king, and there may not be any legal way to silence them. Oh, and delete your old Tweets, for God\u2019s sake.<\/p>\n\n\n\n

See the full article here: https:\/\/fashionjournal.com.au\/life\/call-out-accounts-diet-prada\/<\/a><\/p>\n\n\n\n

Feel free to contact Jonathan at jonathan@sanickilawyers.com.au<\/a> if you have any further questions or queries about defamation in general!<\/p>\n","protected":false},"excerpt":{"rendered":"

The prolific reach of Instagram influencers is undeniable \u2013 it\u2019s in the name. However, when it comes to your content centring around commentary on individuals and commercial entities, where is the line drawn between freedom of speech and character assassination? As a direct result of contemporary \u2018call-out culture\u2019 phenomenon, various local social media creators and … Continued<\/a><\/p>\n","protected":false},"author":9,"featured_media":3715,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[121,116,106],"tags":[191,122,190,187],"class_list":{"0":"post-3772","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-defamation","8":"category-fashion-design","9":"category-trademarks-copyright","10":"tag-culture","11":"tag-defamation","12":"tag-dietprada","13":"tag-fashion","14":"entry"},"acf":[],"yoast_head":"\nInstagram call-out account Diet Prada is being sued, so what does this mean for local creators? - Sanicki Lawyers Melbourne Sanicki Lawyers Melbourne<\/title>\n<meta name=\"description\" content=\"Designers have the unique skillset to predict and even set the next big trend with their designs. 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