VIC Threatened for a bad review

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23 December 2018
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Hi, I have been staying at a caravan park a couple time of year for a while now and they changed magagers. My family stayed there a few days ago and they told me while they were there about how disgusting the rooms were and how the staff was rude and bullying. My mum who has no social media or access to anything asked me to write a review of the place. I put a general bad review on their Facebook page saying the place had been dirty and the manager had been rude. I put a longer review on google explaining in more detail. I had put these reviews up late one afternoon and a few hours later they replied on the review threatening to take action for what I had said. It was late at night about 2am when I saw the message, about 7 hours after I had posted it. I went back and removed the reviews.
Can they still take action? It is a caravan park so I am not sure if they have less than 10 employees, but surely they need more than 10 to run a caravan park? Also surely they can not take action as I took the reviews down fast and therefore can not be shown to have affected their business?
 

Tim W

Lawyer
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28 April 2014
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Do nothing.
And if you receive further threats, reply with

"Well, go on then!"
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
Can they still take action?

In theory, yes.

surely they need more than 10 to run a caravan park?

They can have other causes of action, not just defamation. Plus the manager can sue in their own name.

surely they can not take action as I took the reviews down fast and therefore can not be shown to have affected their business?

This is a mitigating factor and limits damages, not avoids them altogether.

Having said this, it is unlikely they would be successful if they took action, and in the event they were successful, only token amounts would likely be awarded. It is also arguable they have forgone rights as you complied with their initial demands.

Post back if you hear any more.

In the meantime enjoy Christmas and have a happy new year without any real cause for concern.

(Just curious, I used to know a Libby from T 20+ yrs ago)