@springyzone wrote:
I'd like to talk about the broader issue of media defamation, rather than just this case in particular.
Comments on various websites can be absolutely brutal and sometimes vicious. I have seen this is action, over & over.
Some years ago I was on another messageboard where things got out of hand this way and one woman came in for so much negative comment she went to see a solicitor.
She was told that legally, people could be sued if their comments identified her and could reasonably be expected to affect her livelihood or business. Since she was under a nick on the messageboard and no business had been identified, it would not be worth her while pursuing it.
One of the men was similarly attacked but his name was known and one of the boardies discovered his business & associates and sent very vicious emails to all his business partners. The man (in US) did get legal help and the emails were traced to Tasmania and although we all knew who must have done it, the man was unable to trace it to the exact person. Had he been able to prove it though, he certainly could (and would) have taken it further.
In the link you gave, david, the woman's identity was known and that was her job & her reputation at stake.
I worked in a school once where some parents gossiped about one of the male teachers, claiming he was a big drinker, could be drunk on duty etc. it started with one parent but she spread it.
His response was to have a solicitor send her a warning letter, to say that if she kept it up, he would take the matter to court.
It stopped it in its tracks. Our prin wasn't keen that a teacher had taken independent action without going through him, he didn't like parents to be handled with anything but kitten gloves. But staff thought it was good. The man wasn't a drunk and never at work intoxicated. It was a total falsehood. And it was his job at stake.
People need to be careful what they put on social media.
Thankyou for a very pertinent and well considered post springy. Posters on another thread currently running on these forums would do well to consider the points you have raised. I warned another serial offender only a day or two ago that her posts where verging on being defamatory and yes the thought of pursuing legal action DID cross my mind for a brief moment.
Of more concern is the defamatory comments being made in regards to the immolation murder / suicide on another thread. There are a large number of posts directly saying that previous to this unfortunate event the father committed domestic violence against his family. While allegations of DV have been formally made, the sequence of events leading up to the incident, reported in the media raise serious questions as to whether a court has found the accusations to be valid.
What we do know is the father was accused of DV and an interim restraining order was granted. These are exactly what they say. An interim order made at the point of accusation, often banning contact with the person claiming to be the victim. The order will either be ratified or dismissed once the case has gone to a full court to be properly assessed. This can take many months or even years, during which time the father ( in this case ) can not have contact with his children.
What has also been reported and noted by responders to the thread is that the courts had just finalised their review of the accusations and then granted the father access to the children. While family court matters are not publicly disclosed, the fact that the court did not uphold the ban on the father from seeing his children, suggests things are not as straight forward as some would have us believe. ie. the claims of DV where not substantiated in court.
This does not sit well with those who have chosen to denigrate and vilify anyone who points this out. From the senior detective removed from the case, the commentator pilloried by some and any responder to the community forum thread who dares to question the lynch mob mentality.
People need to be a little more careful before engaging in defamatory remarks on any form of social media. The courts are becoming much more active in demanding organisations hand over details of posters and you never know who might decide to sue.
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