SA Admin of a closed group that allows positive and negative discussions

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Needadvice

Member
7 January 2019
2
0
1
hello I am a admin to a fb group that allows both positive and negative discussion of a specific industry....the members are only consumers and no suppliers allowed.

Recently I have had a member post something negative about a business and the business in question has contacted me threatening me if I don’t take the post down which was posted about their business that they will sue me as the admin

I wrote back to them thanking them for their message and told them that I am unable to take the post down as I don’t mediate, change edit or remove posts (I have this written in my disclaimer and rules) as I don’t have all the facts to make a decision or to side with any party as I was not involved in the event in anyway or witnessed what happened etc.....how am I supposed to know if the post was a true statement or not?

I said that they need to take up the issue with the author and if it’s proved as defamation then I will certainly take it down if the member doesn’t.

They did not take this as acceptable as it’s my group and I don’t allow suppliers in the group only consumers, so they don’t have the opportunity to reply.....and they are still threatening me with legal action

I also contacted the person who wrote the post and asked if the business had contacted them about their post and they said no?

Wouldn’t they have to prove that the member that posted the feedback about their business was infact not telling the truth before they could sue the admin????

They seem to be more interested in threatening me with legals as the admin and not the actual person who wrote the comment
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
Wouldn’t they have to prove that the member that posted the feedback about their business was in fact not telling the truth before they could sue the admin????

No.

They can sue the admin or poster, their choice, regardless of your terms of posting.

You get protection to start with because you didn't put up the post, however you are now on notice.

But you may have a reasonable defence because you don't know if the posting is true or not. This is not what you believe to be true or not, but what an ordinary person would believe is true or not. IE You can't feign ignorance.

If in doubt remove post or see a lawyer.

Always remember anyone can attempt to sue somebody else at any time for anything. It is just that without a valid case they won't be successful.
 

Needadvice

Member
7 January 2019
2
0
1
No.

They can sue the admin or poster, their choice, regardless of your terms of posting.

You get protection to start with because you didn't put up the post, however you are now on notice.

But you may have a reasonable defence because you don't know if the posting is true or not. This is not what you believe to be true or not, but what an ordinary person would believe is true or not. IE You can't feign ignorance.

If in doubt remove post or see a lawyer.

Always remember anyone can attempt to sue somebody else at any time for anything. It is just that without a valid case they won't be successful.
Thank you for your reply...makes sense