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NSW Online Defamation from Public Post

Discussion in 'Defamation Law Forum' started by the dreaded ex, 8 February 2015.

  1. the dreaded ex

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    I have been threatened publicly with defamation after publicly posting a signed affidavit by my past abuser, in which he admits to being abusive to me. His signature is visible but, no clearly printed name. This was only done by me as a reply to a recent public post initiated by his wife identifying me, and calling me a liar about the past incident, amongst other lies about me, publicly. I wanted to prove publicly that I did not lie about it. I wanted to protect my reputation with irrefutable proof. What better way than by my court copy of her husband's owned signed admission to it? Do I have to remove it & am I liable?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi dreaded ex,

    There does not appear to be a defamation case against you from the above.

    Defamation is when someone says makes an untrue statement or representation against you that negatively affects your reputation. If all you have published is an affidavit (a true statement by virtue of the nature of the document) then you are protected by the defence of truth/fact.

    Further, a affidavit is evidence to be used in court, which generally means it is public evidence and not confidential. You may have a problem publishing a affidavit from a private court hearing or contrary to some confidentiality/non-disclosure agreement with your ex, as the affidavit may be protected by confidentiality. However, your ex would not have a case in defamation against you for your publishing of his affidavit.
     
    the dreaded ex likes this.
  3. the dreaded ex

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    Thankyou for your reply. The affidavit was in reply to an application I had made to the Family Law Court. The child involved in the case was not identified and is now an adult. The ex has himself publicly expanded on the admittance once I posted also. Thanks again for your reply.
     
  4. John R

    John R Well-Known Member

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    Sarah J likes this.
  5. APT

    APT Well-Known Member

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    He's Right you know ;)
     
  6. Sarah J

    Sarah J Well-Known Member

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    Hi the dreaded ex,

    Thanks to @John R for pointing out s 121 of the Family Law Act. It is a criminal offence to publish documents or any account of a family law proceeding that identifies a party to the proceeding. Since the affidavit will identify your ex in a family law proceeding, you should remove the publication as soon as possible.
     

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