I am in N.S.W. I had trouble with people in Queensland who stole two working dogs from me. Long story but that's the gist of it. In searching for my dogs I contacted some of their older children who had left home, and was told they abuse their children. I contacted past employers and a landlord as well to try and find out what happened to my dogs. I should have got a private investigator but was trying to save money. I started a Facebook page with photos of the dogs. As a result they made false complaints to Queensland police claiming I was stalking them. I spoke to Qld police and explained the situation. They refused to go to these people's house and see if my dogs are there. They are microchipped. Queensland police passed the case to N.S.W. police who spoke to me and said there was absolutely no evidence of stalking and that I was correct in saying they are people of bad character who have stolen before. I was given the two affidavits that they made. They are full of lies. I published a paragraph of one of these affidavits on the Facebook page where I'm trying to find my dogs. The perpetrators told me they will go to police if I publish their affidavits. They are terrified because people in the town in Queensland where they used to live will know that they have lied in the affidavits. They mention people from the town. Swearing a false affidavit is a criminal offence but the perpetrators have gone back to the town they came from, where their families have lived for generations, and I think this is why the police in that small town are on their side. My question is this: would it be illegal for me to scan and publish their affidavits on my lost-dogs Facebook page?
NSW Can I publish a person's affidavit on a Facebook page?
- Thread starter Illawarrian
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Actual affidavits, sworn in the course of the stalking complaint?
Or ("mere" formal Police statements?
What possible lawful reason could you have for doing this?
Yes actual sworn affidavits. I'm just wondering if it is lawful, or not, to give other people copies of such affidavits, disseminate them or even publish them. I was thinking of sending copies to the people mentioned in the affidavits, about whom untrue things were said. The lawful reason for this is I'm going to make a complaint that they have sworn affidavits that are untrue and I have read that I need witnesses to back up the complaint. I need to know if these affidavits are some kind of secret, subject to privacy laws, or what is the situation. I'm also considering going to the media in an attempt to find the dog that is missing, and I wondered if I'm allowed to give a journalist a copy of these affidavits.
OK, so it's not illegal to show copies of these affidavits to others, but it might be defamatory to do so, since the affidavits, written by themselves, prove they are people of very poor character. That seems very strange to me. The police didn't say to me "Don't show these affidavits to anyone" when they handed them to me but I wanted to make sure. So I'll assume it's OK to email copies to those who are mentioned. "You do not seem like somebody who can afford"....hmm. I can actually. But thank you for the heads up.
Doing that makes it publication, which is what can found the defamation action.
Your prospects of successfully defending such an action are a subsequent question.
Defaming somebody is unlawful, so I don't know quite what you mean when you say
The problem arises when there is publication.
The police are not generally taught civil procedure.
You make that assumption at your own legal risk.
Well, did say above that you were trying to save money...
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Publishing someone's affidavit without their consent might potentially lead to legal issues, especially if the content is considered defamatory or infringes on their privacy. However, laws can vary from place to place, so it's crucial to consult with a lawyer in NSW who specializes in defamation and privacy issues.
Thanks Martalley. I think I will just make a complaint to Qld police that they've sworn a false affidavit and they can deal with it.
It's also worth considering alternatives, like discussing the situation with your lawyer to explore legal remedies related to the stolen dogs or consulting with local authorities.
In the meantime, if you're interested in building a presence on social media platforms like TikTok, you might want to explore options like buying TikTok followers to help grow your audience.
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