VIC Can she be sued? Urgent.

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Billie Walker

Member
22 May 2017
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0
1
My younger sister said a few things about a person in a "private conversation" on facebook earlier this year. She was angry at her at the time and said a few things she's not proud of. She moved on from these comments, but then had a fall out with the person whom she sent all the remarks to. Now she has gone back to the other person and showed her what she has said.
 

Lance

Well-Known Member
31 October 2015
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123
2,394
Hi Billie,
Based on what you have said which isn't much, unless it is threatening or could be viewed as aggressive I don't think so. Its hard to say without knowing what was said but I don't believe it would be anything that could be sued over. More likely a restraining order or the like if it was a threat against the person. If it was on a public forum she could be facing defamation. If I said to someone they are a paedophile, that's an insult that carries a significant stigma. So the person I said it to if they believed that I had said it to other people could look towards defamation if they could prove that I had told others. That's really all I've got without knowing what types of things were said.
 

Billie Walker

Member
22 May 2017
3
0
1
Hi Billie,
Based on what you have said which isn't much, unless it is threatening or could be viewed as aggressive I don't think so. Its hard to say without knowing what was said but I don't believe it would be anything that could be sued over. More likely a restraining order or the like if it was a threat against the person. If it was on a public forum she could be facing defamation. If I said to someone they are a paedophile, that's an insult that carries a significant stigma. So the person I said it to if they believed that I had said it to other people could look towards defamation if they could prove that I had told others. That's really all I've got without knowing what types of things were said.
She called her a cow. That was the extent of it pretty much.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Really! On a point to point message system, not a public forum. Although the comment was about a third party I don't think the third party would have a very strong defamation case for being called a cow. I wouldn't worry about it. It is very costly to begin defamation court proceedings so I doubt your sister will end up in court for calling someone a cow.
 

Rod

Lawyer
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27 May 2014
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disrespectful, though by itself unlikely to be actionable.
 

Billie Walker

Member
22 May 2017
3
0
1
Yep a point to point message, such a shame really..
Really! On a point to point message system, not a public forum. Although the comment was about a third party I don't think the third party would have a very strong defamation case for being called a cow. I wouldn't worry about it. It is very costly to begin defamation court proceedings so I doubt your sister will end up in court for calling someone a cow.
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