VIC Character Defamation - Exposing an Extramarital Affair?

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TonySun

Active Member
20 January 2020
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A married couple where Partner 'X' caught the other Partner 'Y' cheating by having extramarital affairs with another married person who is their common friend.

Both Partner 'Y' and another married person accepted about their affair and Partner 'X' has collected all the relevant evidence to prove that they were cheating. Even after forgiving by Partner 'X', the other Partner 'Y' continued cheating and lying since last one year and showed no remorse or regret for what they did. Partner 'X' exposes both Partner 'Y' and the another married person of adultery through a social media post for being unfaithful to their respective spouses, lying and ruining their lives.

Can there be a defamation case (civil or criminal) against Partner 'X' for exposing the truth about Partner 'Y' and the other married person, even though their character is defamed because of that post?

Thanks
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Truth is the best defence to defamation. That doesn’t mean other issues won’t be in play. For example, making social media posts to menace or harass.
 

TonySun

Active Member
20 January 2020
6
1
34
Thanks Rob for your reply.

Can you please clarify the following question?

If Partner'X' has collected all the adultery evidences of Partner'Y' by going through their mobile and recorded the messages/chat conversations as proof without their consent then can Partner'X' use these evidences as justification (truth) during defamation proceeding? Are evidences collected in such a way allowed during defamatory proceedings?

Partner'Y' shared their mobile password with Partner'X' but still I understand there could be other issues in play here like privacy issues
 
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Rod

Lawyer
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27 May 2014
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Individuals in this country have little rights with respect to privacy, especially against other individuals.

In answer to your question, if they have the evidence, they should retain it, and in a secure location.
 
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