QLD Posting opinion and information about individuals in private online community

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Third Order

Active Member
23 January 2020
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Hi,

I have checked some other questions and believe this one is a little different. If not apologies!

Headline
There is a private online community that allows individuals to shared details about people who have contacted them (but not on the platform). Contact information posted is initial obscured (ie. 0419 000 *** or john.*****@*****.com), and requires users who wish to see it a limited number of matching attempts.

Scenario A:
  • Individual A receives a text message from Individual B
  • Individual A and Individual B meet
  • Individual A posts an opinion (ie. "An incredibly rude person", "Arrived very late") and phone details (which are become obscured - ie. 0418 000 ***) about Individual B
  • Individual A posts a physical description of Individual B (ie. Male, European, Blonde hair, Tall and Athletic Build)
My Understanding:
  • Individual A has not committed any defamation (ignore the ethnics) since their comments could be considered Honest Opinion, and it had reasonable Justification (ie. truth).
  • Individual A has not breached any privacy since there should not have been any expectation of privacy as Individual B contacted them, and the platform took steps to reasonable obscured their information (ie. 0418 000 ***).
My Questions
  • Is my understanding correct?
  • If it is correct, does the response change whether the message was unsolicited or solicited by Individual A?
  • Does the addition of physical attributes change the response?
Kind Regards,

Andrew
 

Rod

Lawyer
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27 May 2014
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Is this homework, if so post in the student's forum and provide a more complete answer?
 

Tim W

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This is all potentially defamatory.
 

Third Order

Active Member
23 January 2020
5
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31
Hi gents,

Thanks for your replies.

@Rod - Not homework. A business idea. I am investigating the feasibility of a secure and selective platform that would allow sex workers to pursue their occupation safely by reviewing clientele. Think of Yelp but in reverse.
@Tim W - Could you extrapolate as too why it could all be potentially defamatory? I understand that anyone could bring forth a lawsuit, but from the defence perspective if the description of the events is honest and accurate where is the problem?

AD
 

Rod

Lawyer
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27 May 2014
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Hmm, similar to tenancy database for renters.

Conceptionally OK but details can be important.
 

Third Order

Active Member
23 January 2020
5
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31
Rod,

Yes, I didn't even consider the tenancy database for renters, but the concept is broadly similar - "is the person sound and reasonable to provide services to?"

Ultimately, they will be:
* Verifying the client, before engaging in services (understanding what others have already said).
* Reporting the client (behaviour), post engaging in services (helping others understand the experience)

The difference that I see is that there is an outward acknowledgement/consent for your personal information to be searched when applying for tenancy. This won't be the same in this tool for obvious reasons. However, I believe it there is no direct need for consent as collection and use fall under the provision of "Lessening or preventing a serious threat to life, health or safety".

Thanks

AD