QLD Defamation As A Misdemeanour

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Gausnor

Member
26 July 2017
1
0
1
I have read about resolving a defamation dispute without going to court though in also reading about defamation being a misdemeanour, I feel that what has happened in my instance might well fall into that category.
I live in a smallish community so what gets put online via facebook can have a huge impact, the following post having been made a few days ago:

" ............... ............ you are clearly a sexual predator, if you are not, you are inadvertently clearly a way of complacency which can clear the way for such people. One minute it's no school zone, "no one cares"! Then there are people claiming to be teachers, "still no one cares", community expectations of the state school zone are ignored "........... still defends the ways of the developer friendly council". Children's safety and futures are ignored by the developers and council, none of the community feel the council are being open, except for someone who fits the profile of an extraordinary selfish representative of a cult. Does your cult also abuse children? Break one rule, break them all, no facts you are in the category of the "privileged few", who apparently do as they like, why do you think we have to wait until you are caught with your pants down. Logic says there is a big problem here, the lack of logic is no accident, just as all those child sex abusers being attracted to the "closed club attitudes" that the Vatican and ........ proudly supports (just ......... now, new pope likes kids). Openness will make our community safer on all levels, questioning is aloud in a community. They are our kids I am speaking for ..........., the likes of you can keep your revoltingly, self gratifying and deceptive hand right away from them. All rules must be followed, where does it stop if not? "

I have messaged the person concerned a Concerns Notice.

I also messaged the forum administrator to advise that I was going to use the facebook forum to issue the Concerns Notice though the administrator deleted all relevant posts but not before I copied what had been posted, the posts having been online for several hours, possibly even over night.

Note: This is what I consider to be a crossing of the line in an ongoing saga of abuse and accusations having been made by this person against myself and local authorities.

What I would hope to receive an answer to is whether this kind of accusation is just a civil matter or whether I should be taking it to the police to inform of what I feel is a misdemeanour.

Thanks for any advice
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
Is it a misdemeanour under the Queensland Criminal Code - s365. However, I couldn't find any reported decisions with a quick search, leading me to think it's not often prosecuted. I could be wrong there, I'm not a criminal lawyer.

It's also a federal crime to use a carriage service to menace, harass or cause offence - s474.17 Commonwealth Criminal Code. Carriage service includes the internet. You may get more traction with that given the increasing prevalence of cyberbullying.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
The fact that the material was removed after a few hours makes me think the Qld police will just say it is a civil matter. No harm done asking them to follow it up, just that I suspect they'll do nothing.

re: ongoing issues, sometimes starting civil action is a way to get them to stop when authorities will not otherwise help you. The material they posted seems defamatory and it may be worthwhile seeing a lawyer.