QLD I run a buy/sell group for fashion items. Can the designed demand control of the group?

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Tallen

Member
27 April 2024
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I run a Facebook buy/sell group which focuses on second hand items from a particular designer. The name of the designer is not used in the group name or description nor are any images associated with the designer. The designer is demanding membership and censorship of the group. Do they have a legal leg to stand on?
 

Tim W

Lawyer
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28 April 2014
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What If any) threats are they making?
What country are they in?
Are you sure that it's really them?
 

Tallen

Member
27 April 2024
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Hi Tim. The country is Australia. I have spoken directly with the designer. The brand has previously shut other Facebook groups down therefore given the context the threat is that they will report the group to Facebook.
 

Tim W

Lawyer
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28 April 2014
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It's a somewhat unusual request.

Going only by what you have said here,
with the missing facts missing, with no specifics or back story, and
with all the ifs, buts, maybes, unlesses, and exceptions not allowed for,
I don't see how they could have an enforceable right to be a member of the group.
That said, why don't you have a look at the group/ page settings...
and see if you can set them on moderated posting?
Why not set the group to private or secret?

What reason have they given for wanting access?
Have they some sort of reason (to help control counterfeiting, for example)
which is better than "Let me in or I'll report you to Facebook" ?
 

Scruff

Well-Known Member
25 July 2018
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This all seems a bit strange to me.

1. If it's a public group, then what's stopping the designer from joining? If it's a private group, then how does the designer even know about it?

2. What exactly are they demanding when you say "censorship?" This is extremely odd unless the designer thinks there's something going on in the group that is somehow damaging to them.

3. Even if you're not using the designers' name anywhere, surely you must be using some method to identify them - otherwise how would anyone know what the purpose of the group is?

If it wasn't for the weirdness of it all, I would say "Surely having the designer as a member would be a positive thing for the group." But like I said before - with what little info we have, this all seems very strange.
 
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