VIC How to Have Defamatory Comments Removed on Facebook?

[Rod]

You are focussing too much on what they say they will or will not do. Complaining and expecting them to help is not happening.

You can point out to the admin of the group that as he has been notified of the defamatory material, as of xxx date, and elected not to remove it, he personally can now be sued for defamation as a publisher.

I can't say what effect this is having on your charity, but you are now left with the choice of dropping the matter, or if you are serious about wanting to protect your charity, sending them both a cease and desist letter and a demand for removal else they will face legal action. You have rights, but seem reluctant in wanting to enforce them.

BTW, I am not saying or even suggesting the material is defamatory. I have based my opinion solely on yours.

An observation here: Charity people are often too nice for their own good. Sometimes you need to take a stand and do what is best for your charity even though it means you have to be confrontational. It can be hard because that is not in the nature of many people wanting to help others, but if you want what is best for your charity, take a step outside your comfort zone, and stand up for your rights.

 

[DMQC]

Great help Rod, spot on with your observations.

In reference to the "fake profile" - I know Facebook frown upon "fake" profiles, perhaps report the profile with the fake name to Facebook and this may have the comments deleted? Also, because the statements were made in a private group this impacts the likelihood that you would succeed in a claim for defamation.

A crucial element of defamation law is that the statements must be heard/seen by at least one person, although typically the Courts set a higher standard i.e. the general public would need to have seen the comments or had access at a minimum.

Also to comment more accurately we would need more information, preferably the exact comment made, verbatim, since the severity of the comments also have a role in defamation claims.

 

[MLC]

You are focussing too much on what they say they will or will not do. Complaining and expecting them to help is not happening.

You can point out to the admin of the group that as he has been notified of the defamatory material, as of xxx date, and elected not to remove it, he personally can now be sued for defamation as a publisher.

I can't say what effect this is having on your charity, but you are now left with the choice of dropping the matter, or if you are serious about wanting to protect your charity, sending them both a cease and desist letter and a demand for removal else they will face legal action. You have rights, but seem reluctant in wanting to enforce them.

BTW, I am not saying or even suggesting the material is defamatory. I have based my opinion solely on yours.

An observation here: Charity people are often too nice for their own good. Sometimes you need to take a stand and do what is best for your charity even though it means you have to be confrontational. It can be hard because that is not in the nature of many people wanting to help others, but if you want what is best for your charity, take a step outside your comfort zone, and stand up for your rights.

Thank you but the problem is while I can threaten legal action I can't act on, it so I'm not reluctant. I'm realistic. We have no money for a solicitor and no solicitor we have spoken to (we have spoken to several) are interested in helping us pro bono.

 

[MLC]

The person in question is the admin of 2 groups - since I started this thread, she has started another group dedicated to posting her nonsense. None of us involved in our charity have access to these groups but there is no question what is discussed in the groups and certainly no question what the purpose of the second newer group.

 

[MLC]

Great help Rod, spot on with your observations.

In reference to the "fake profile" - I know Facebook frown upon "fake" profiles, perhaps report the profile with the fake name to Facebook and this may have the comments deleted? Also, because the statements were made in a private group this impacts the likelihood that you would succeed in a claim for defamation.

A crucial element of defamation law is that the statements must be heard/seen by at least one person, although typically the Courts set a higher standard i.e. the general public would need to have seen the comments or had access at a minimum.

Also to comment more accurately we would need more information, preferably the exact comment made, verbatim, since the severity of the comments also have a role in defamation claims.

Well yes and no re: the help so far. As I said I *could* write a cease and desist letter (if I knew how to write an effective one) but I can't threaten legal action (it would be an empty threat. This person knows our charity has no money. We can't afford a solicitor, so they would surely call our bluff) nor can we send the letter (we don't have their address).

Contacting the admin would not help, as previously explained this person is the admin of the group/s.

We have contacted FB about the fake account. They are "looking into it" - it has been 2 days so far so they don't appear to be in a hurry about it. In the meantime this person has created another group specifically for her purpose which is made clear in the group name.

 

[MLC]

Thank you but the problem is while I can threaten legal action I can't act on it so I'm not reluctant I'm realistic. We have no money for a solicitor and no solicitor we have spoken to (we have spoken to several) are interested in helping us pro bono.

You are focussing too much on what they say they will or will not do. Complaining and expecting them to help is not happening.

You can point out to the admin of the group that as he has been notified of the defamatory material, as of xxx date, and elected not to remove it, he personally can now be sued for defamation as a publisher.

I can't say what effect this is having on your charity, but you are now left with the choice of dropping the matter, or if you are serious about wanting to protect your charity, sending them both a cease and desist letter and a demand for removal else they will face legal action. You have rights, but seem reluctant in wanting to enforce them.

BTW, I am not saying or even suggesting the material is defamatory. I have based my opinion solely on yours.

An observation here: Charity people are often too nice for their own good. Sometimes you need to take a stand and do what is best for your charity even though it means you have to be confrontational. It can be hard because that is not in the nature of many people wanting to help others, but if you want what is best for your charity, take a step outside your comfort zone, and stand up for your rights.

I forgot to reintegrate that we don't have this person's correct address. So even if I was capable of writing an effective cease and desist letter with an empty threat of legal action, we have no way of sending it to this person.

 

[MLC]

Great help Rod, spot on with your observations.

In reference to the "fake profile" - I know Facebook frown upon "fake" profiles, perhaps report the profile with the fake name to Facebook and this may have the comments deleted? Also, because the statements were made in a private group this impacts the likelihood that you would succeed in a claim for defamation.

A crucial element of defamation law is that the statements must be heard/seen by at least one person, although typically the Courts set a higher standard i.e. the general public would need to have seen the comments or had access at a minimum.

Also to comment more accurately we would need more information, preferably the exact comment made, verbatim, since the severity of the comments also have a role in defamation claims.

I have been trying to post a screen shot of the first comment she made but I'm not sure how. I will try again by adding a linking to our Dropbox

 

[MLC]

I have been trying to post a screen shot of the first comment she made but I'm not sure how. I will try again by adding a linking to our Dropbox

Great help Rod, spot on with your observations.

In reference to the "fake profile" - I know Facebook frown upon "fake" profiles, perhaps report the profile with the fake name to Facebook and this may have the comments deleted? Also, because the statements were made in a private group this impacts the likelihood that you would succeed in a claim for defamation.

A crucial element of defamation law is that the statements must be heard/seen by at least one person, although typically the Courts set a higher standard i.e. the general public would need to have seen the comments or had access at a minimum.

Also to comment more accurately we would need more information, preferably the exact comment made, verbatim, since the severity of the comments also have a role in defamation claims.

Dropbox - Amanda Jackson2 No profile.png

 

[DMQC]

I have taken the time to review the relevant legislation and it seems you would be unable to take any action, whether it be to have the post taken down or for damages because you are a charity.

Defamation Act 2005 s. 9(2)(a) -

A corporation is an excluded corporation if — ​

(a) the objects for which it is formed do not include obtaining financial gain for its members or corporators​

An excluded corporation is a corporation that cannot take action for "defamation".

Since you're a charity it would follow the corporation was not formed with the objective of obtaining financial gain.

 

[MLC]

I have taken the time to review the relevant legislation and it seems you would be unable to take any action, whether it be to have the post taken down or for damages because you are a charity.

Defamation Act 2005 s. 9(2)(a) -

A corporation is an excluded corporation if — ​

(a) the objects for which it is formed do not include obtaining financial gain for its members or corporators​

An excluded corporation is a corporation that cannot take action for "defamation".

Since you're a charity it would follow the corporation was not formed with the objective of obtaining financial gain.

DM

My charity is not a corporation and is not excluded from the defamation Act, but thanks anyway