VIC How to Have Defamatory Comments Removed on Facebook?

[Iamthelaw]

Try via the Vicbar website. Worth a shot.

You should ask if they accept briefs directly on a pro bono basis.

 

[MLC]

Try via the Vicbar website. Worth a shot.

Thanks for the link. We are working our way through the list. We have called about 20 starting with those that mention Pro bono and or defamation and have had no luck but we will keep trying.

 

[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.

I have contacted a number of the admins of one of the groups in question regarding what you said here:

"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."

They have all asked me to provide proof that they can be held responsible for what someone else posts in their group. I have contacted Facebook and they are naturally no help - they told me that the admins aren't responsible, which is also what Facebook told the admins. I also searched online and can't find anything.

Could you direct me to something that supports the claim that the admins "personally can now be sued for defamation as a publisher."?


Thanks

 

[Danny Jovica]

If you believe the person is harassing you or violating cyber-laws then you can report them to Acorn here ACORN | Australian Cybercrime Online Reporting Network

Failing that you may need to initiate legal action in the Magistrates Court against them for defamation. If you are unsure of the address to serve them on then you will just need to subpoena Facebook for the information.

 

[MLC]

If you believe the person is harassing you or violating cyber-laws then you can report them to Acorn here ACORN | Australian Cybercrime Online Reporting Network

Failing that you may need to initiate legal action in the Magistrates Court against them for defamation. If you are unsure of the address to serve them on then you will just need to subpoena Facebook for the information.

Thanks.

Someone already referred me to ACORN and they told me they aren't interested in harassment, certainly not in the form of defamation. We will need to think about initiating legal action in the Magistrates Court as we can't afford legal representation we will need to do it ourselves. We both have the medical condition that our charity represents so we are quite limited with what we can take on.

It's been suggested here that the group admins can be held responsible for what is written in their groups so I'm hoping someone can point me in the direction of the law that supports that because I have already tried that and the admins are calling my bluff, ie: they want to see the law.

 

[Rod]

Don't listen to the admins! You do not need to prove anything to them. If you still want the posts removed because you still consider them to be defamatory then tell them to do their own research or pay for their own legal advice and reiterate that unless they remove the posts you claim are defamatory by xxx date, they will be joined in action with the poster. Let them sweat on what to do.

Just be confident that the material is defamatory, and remember that it is not what you think that matters, it is what other people think.

Unless the helpdesk staff at Facebook have Australian legal qualifications I wouldn't believe them. American laws in defamation are significantly different to Australian laws.

Are you still prepared to take them to court if they do not remove the posts? Remember if you lose then you pay their costs.

 

[MLC]

Don't listen to the admins! You do not need to prove anything to them. If you still want the posts removed because you still consider them to be defamatory then tell them to do their own research or pay for their own legal advice and reiterate that unless they remove the posts you claim are defamatory by xxx date, they will be joined in action with the poster. Let them sweat on what to do.

Just be confident that the material is defamatory, and remember that it is not what you think that matters, it is what other people think.

Unless the helpdesk staff at Facebook have Australian legal qualifications I wouldn't believe them. American laws in defamation are significantly different to Australian laws.

Are you still prepared to take them to court if they do not remove the posts? Remember if you lose then you pay their costs.

This is what I've being saying all along - I've said I *cant* issue empty threats because that's exactly what they are. I'm not joking when I've said we have no money. We can't hire a lawyer and we can't find one that will represent us for free so if I can't tell anyone anything I can't back up with proof. And trust me, they aren't sweating. They couldn't care less because they would know we can't afford a lawyer.

 

[Rod]

DIY with some assistance can get you to court. You need to be prepared though in case you lose. What about being prepared to pay costs if you lose?

If you are not prepared to run that risk forget all about them and keep working on your charity.

 

[MLC]

DIY with some assistance can get you to court. You need to be prepared though in case you lose. What about being prepared to pay costs if you lose?

If you are not prepared to run that risk forget all about them and keep working on your charity.

I don't fear losing in court because I've had a few solicitors look at it and they are confident however apart from not being able to afford a lawyer and we are not capable of taking it on ourselves due to our health our goal has never been to sue this person (we are not able to give it the time it would take nor can we take on the grief it would cause).

As per my original question we just want the comment removed. I've been contacting solicitors with the sole purpose of hoping that one of them would write a cease and desist letter pro bono as I'm pretty sure that's all it would take to have the admins of the group delete the comment (they will dismiss it if it's written by me).