Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

QLD Facebook and GoFundMe - Can I Post Emails and Texts?

Discussion in 'Defamation Law Forum' started by Cazzy rabbit, 17 April 2017.

  1. Cazzy rabbit

    Cazzy rabbit Active Member

    Joined:
    17 April 2017
    Messages:
    5
    Likes Received:
    0
    Hi,

    I am owed some money and would like to post that person's emails and texts as part of a GoFundMe campaign to meet my legal costs. I also want to publicly ask others on Facebook if they have had similar experiences. Is there any legal downside to that?
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,871
    Likes Received:
    383
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Cazzy rabbit

    Cazzy rabbit Active Member

    Joined:
    17 April 2017
    Messages:
    5
    Likes Received:
    0
    Everything in my posts is true. I know that is a defence. What I want to know is can I publish the whole of the texts my texts and their replies.
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,871
    Likes Received:
    383
    Hard to comment without reading each one. There could be other problems not related to defamation and without seeing each and every one I can't comment.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. Cazzy rabbit

    Cazzy rabbit Active Member

    Joined:
    17 April 2017
    Messages:
    5
    Likes Received:
    0
    Happy to email them to you
     
  6. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    1,974
    Likes Received:
    466
    I strongly advise against doing this.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  7. Cazzy rabbit

    Cazzy rabbit Active Member

    Joined:
    17 April 2017
    Messages:
    5
    Likes Received:
    0
    Could you expand please
     
  8. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    1,974
    Likes Received:
    466
    Well, for one thing, apart from the prospect of defamation proceedings as described above
    (even if you could afford to defend one, which you clearly cannot),
    you may well be committing telecommunications offences in Australia
    by using a carriage service (the internet) to threaten, harass or intimidate
    the person you claim owes you money.

    Which means that you are in breach of the GoFundMe T&Cs,
    right from the get go.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  9. Cazzy rabbit

    Cazzy rabbit Active Member

    Joined:
    17 April 2017
    Messages:
    5
    Likes Received:
    0
    Ok, well I am not worried about defamation as every thing is true. I have made a formal police complaint and in fact it is me being harassed and this was the information given to me by the police. I am to take out a peace and good behaviour bond tomorrow which I have the police I'd complaint for. I have also received further threats, which will be reported to the police tomorrow. I have threatened no one and certainly have not breached the websites terms and conditions as I have not made a page yet.

    In fact I have made no threats only sent emails to try and resolve the issue without costs of solicitors fees to either party. In fact the police told me the person I complained about was extremely close to committing the offence in relation to the carrier service. So we will see what the extra messages I have amount to.

    As far as I can tell defamation only applies if the information is false. Can any other users shed some impartial light on this matter.
     
Loading...

Share This Page

Loading...
gt;