From July 2025, Google is indexing public Instagram and Facebook posts, Reels, and carousels from professional accounts, your business’s social media content is more visible than ever. This increased reach can enhance brand awareness and expose businesses to heightened legal risks.
Your business’s post are now more visible and more vulnerable to claims for defamation, misleading conduct, intellectual property infringement, and privacy. There is also a heightened risk in the employment law space.
This article, written by our eCommerce lawyer, discusses the legal implications of Google’s enhanced indexing of Meta content. We dive into some juicy legal scenarios and highlight how your business should conduct itself on social media.
Key Takeaways
- Google indexing amplifies the reach and permanence of Instagram and Facebook content
- Defamation, misleading or deceptive conduct, copyright and trade mark infringement are key legal concerns for businesses posting on via Meta
- Employee use of social media can create liability for employers, especially where posts relate to competitors or confidential information
- Privacy and confidentiality risks are heightened, as content intended for a limited audience may become globally accessible
- Robust social media policies, content audits, and staff training are some of the ways Australian business can limit this risk
The Impact of Google Indexing on Instagram and Facebook Content
What Has Changed?
Google’s enhanced indexing means that public posts from professional Instagram and Facebook accounts are now discoverable via Google search. This increases the potential audience for every post, including those containing sensitive or potentially problematic material.
Why Does This Matter for Australian Businesses?
- Increased visibility means that posts that were previously limited to followers can now be accessed by anyone via Google search
- The wider publication of content increases the risk of legal claims because it’s easier for the content to be found and read
Defamation and Reputational Harm
How Social Media Amplifies Defamation Risks
- Social media enables content to go viral, making defamatory material more damaging and long-lasting
- Non-professional publishers (e.g., employees or customers) can easily share negative commentary about individuals or businesses
In Fairfax Media Publications Pty Ltd v Voller, the High Court confirmed that media companies and businesses that operate public Facebook pages can be held liable as publishers of defamatory third-party comments posted on those pages, even if they did not write or approve the content. Defamation is a strict liability tort and that intentionally facilitating a platform for comments is enough to establish liability, regardless of knowledge or intent. Businesses should proactively moderate or disable comments to reduce the risk of defamation claims.
Defamation Risks Are Limited
- Companies cannot sue for defamation unless they are an “excluded corporation” (e.g., small businesses with fewer than 10 employees)
- Your competitors could bring others claims such as misleading conduct or the tort of injurious falsehood
Misleading or Deceptive Conduct and Social Media
- The context of social media (“echo chambers”, viral sharing) can affect whether content is considered misleading or deceptive
- Courts assess misleading conduct based on the overall impression created by the post, not just its literal wording
For example, if an Instagram post about a product omits key information that consumers would expect, this may breach the ACL.
Business should make sure any social media content is strictly true and correct to avoid the risk of claims for misleading conduct.
Trade Mark and Intellectual Property Risks
Unauthorised use of trade marks in posts, captions, or hashtags can now reach a much wider audience This increased visibility raises the likelihood of consumer confusion and potential damages claims.
And don’t for a second think that the informality of social media makes it any less serious. There have been cases where:
- Instagram posts formed the basis of trade mark infringement and ACL claims, and
- where hashtags and social media posts were central to trade mark disputes.
Employment Law and Social Media Policy Risks
- Employees must not disparage or criticise stakeholders online unless permitted in writing
- Employers may be liable for employee posts made in connection with their employment
- Social media activity is not like a private conversation; it can be forwarded and made public instantly
What Should Your Business Do?
- Review and update social media policies to reflect increased visibility of Instagram content
- Conduct regular audits of all Instagram posts for potentially defamatory, misleading, or infringing material
- Implement strict content moderation and approval processes
- Train staff on legal risks associated with social media and search engine indexing
- Regularly review privacy settings and understand their limitations
How has Prosper Law advised on Marketing Content?
- Our legal team has worked with brands across Australia to ensure that their marketing content is legally compliant, truthful and accurate
- We have reviewed marketing content on our clients’ websites, social media platforms and other marketing collateral and made recommendations for changes to reduce legal risk and avoid customer confusion
- Our Director has been involved in litigation involving alleged defamatory comments on social media, including claims for misleading and deceptive conduct
Frequently Asked Questions
What types of Facebook and Instagram content are now indexed by Google in Australia?
Public posts, Reels, Stories, and carousels from professional Facebook and Instagram accounts are indexed by Google and can appear in search results. Facebook Pages and public group content may also be indexed, making business content discoverable through search engines beyond the social media platforms themselves.
Can my business be sued for defamation over a Facebook or Instagram post?
Yes, if the post contains defamatory material about an individual or an “excluded corporation,” you may face defamation proceedings under Australian law. This applies to content published on both Facebook and Instagram, including posts, comments, Stories, and any user-generated content on your business pages.
How can I protect my business from trade mark infringement claims on Facebook and Instagram?
Avoid using competitors’ trade marks in your posts, captions, hashtags, or Facebook Page names without permission and audit your content regularly across both platforms. This includes monitoring user-generated content on your business pages and ensuring compliance with trade mark laws in all social media activities.
What should be included in a social media policy for Australian businesses?
- Clear rules on employee conduct online across all platforms including Facebook and Instagram
- Approval processes for publishing content on business accounts
- Guidelines on privacy, confidentiality, and intellectual property protection
- Disciplinary procedures for breaches of the policy
- Platform-specific guidelines addressing the unique features and risks of both Facebook and Instagram
