WA Text message privacy

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

Tristo

Member
10 December 2019
3
0
1
My wife has been receiving unsolicited text messages from an ex-colleague.
These messages are in the vein of “if I buy this house will you run away with me” and “please don’t marry him, we’d be so happy together”

This man is married with children and I believe his wife should be informed of his actions, my wife agrees but doesn’t want to be the one to break up a family. I don’t share her compassion for this man.

My question is, are there any legal issues with me sharing screenshots of a private text message (Facebook messenger) with a fourth party when neither myself nor the fourth party were intended recipients of the original messages?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
His actions look like, maybe, the offence called, for short, "use carriage service to harass".

Taking screen shots... you risk committing offences in the realm of intecepting telecommunications.

Subject to the many unknown facts and circumstances, and with the ifs, buts, maybes, unlesses, and exceptions, not allowed for,
your actions in forwarding the messages could expose you to your own count(s) of "use carriage service to harrass",
telecommunications interception, and potentially to an action for defamation.

And that's before it's none of your business to contact his wife.
 

Tristo

Member
10 December 2019
3
0
1
Thanks for your input Tim, I really appreciate it.
I will take this into consideration and rethink my approach
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
This man is married with children and I believe his wife should be informed of his actions, my wife agrees but doesn’t want to be the one to break up a family.
Your wife has obviously shared & discussed these messages with you. So if she GENUINELY wants to see the end of these, she just needs to let him know that it needs to stop & as such, will consider any further messages harassment....

She could take it further by letting him know that if needs be, the messages will be provided as evidence to seek a restraining order.... That's not breaking up any family... What he doe's from there is on him.... If he continues & she chooses to carry out the threat, ultimately his wife may find out when police knock on the door to serve him with an interim restraining order
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Have your wife change her mobile number. Problem solved.

The far more serious issue you should be concerned about is why are these messages being sent to your wife in the first place.
 
  • Like
Reactions: Entangled

GlassHalfFull

Well-Known Member
28 August 2018
544
51
2,289
Changing your phone number is not a simple thing... obviously the technical change itself is, but people often rely on others having that number, especially if it's published somewhere. It probably makes more sense for his number to be blocked than for her to change her number. Just saying.
 

Been2Trial

Well-Known Member
12 July 2017
100
18
454
The far more serious issue you should be concerned about is why are these messages being sent to your wife in the first place.

^ This...

Someone doesn't just send messages like you have described without there being a pretty major relationship history occurring there. This is a law forum, not an infidelity forum, but I think you might be missing a piece of the puzzle here ....
 
  • Like
Reactions: Entangled