NSW Threatened with Being Reported for Cyber Harassment and Cyber Stalking?

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Jackie M.

Active Member
23 April 2014
8
2
34
Sydney, Australia
A year ago, I started a website to expose a USA TV celebrity as a sexual conman (the story was initially covered in New Idea magazine and Today Tonight). I did it so that other women whom he targets online (his pattern of behaviour) could find out about his track record and read stories from the dozen or so women who have given me their accounts of being hurt by this man, including one who claims he raped her when she (a fan of his) went to pick him up at his hotel during one of his "celebrity tours". She filed a police report and there was an investigation etc, etc.

All these women (most of them vulnerable, single mums without much by way of resources) have kept quiet because of fears of being exposed (he has thousands of compromising photos and some videos), and/or being sued by him for defamation. Several were emotionally broken because of him - one had a nervous breakdown, two talked about suicide, one lost over 50lbs etc. I feel it my duty to show other victims out there that they can speak out about this abuse.

His US lawyer sent me a letter 2 weeks ago demanding I pull down my website on the basis that I'm breaking cyber harassment and cyber stalking laws. I meant to post for advice here at the time, but in the end I chose to respond publicly on my blog >> Response to Robb Demarest’s Lawyer (I know you lawyers will be screaming at me for this, but I figured if they were to report me to Australian police, that at least my defence would be front and centre when the cops look at the site, so they don't have to plough through the 20 or so posts there, and also frankly to show the other women that I'm not afraid of this guy).

This morning I got a voicemail from someone describing himself as an Australian private investigator working for the US lawyer, giving me one last chance to respond before they "file paperwork". I'd like to know what the process would involve at their end and mine - ie. who do they file it with, would I be contacted by the police or automatically charged, how long would everything take, etc. and would he be required to testify here in Australia should it go to court, and what are his chances?
 

Jackie M.

Active Member
23 April 2014
8
2
34
Sydney, Australia
Okay I've spoken to the police and suffice it to say I'm happy with their answers (without divulging too much in case the "investigator" or the lawyer decide to lurk here) :D
 

Rod

Lawyer
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27 May 2014
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I wouldn't rely on the police for advice about a defamation action.

You do need to be careful. Relying on information broadcast on Today Tonight is a bad idea, relying on information in New Idea is a really really bad idea.

You do need to be careful in this instance that you only publish the truth. A defence of honest opinion might be hard to sustain if you've never met the person or the people supplying material to your website.
 

Jackie M.

Active Member
23 April 2014
8
2
34
Sydney, Australia
I wouldn't rely on the police for advice about a defamation action.

You do need to be careful. Relying on information broadcast on Today Tonight is a bad idea, relying on information in New Idea is a really really bad idea.

You do need to be careful in this instance that you only publish the truth. A defence of honest opinion might be hard to sustain if you've never met the person or the people supplying material to your website.

I was actually the one who gave the interviews to New Idea and Today Tonight - I was one of the women impacted by this man so I've got over 5 years' worth of evidence on him, hence my interest in sustaining this story.

I'm not worried about the defamation aspect, I wanted to get their take on the processes involved from his end as far as lodging a criminal complaint against me.
 

Rod

Lawyer
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27 May 2014
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OK. Helps when you have personal experience :)

I'd imagine that unless you are communicating online with this person/their family/friends then there can be no harassment and no stalking under Australian laws.

I have no idea what the US laws are in this regard.
 

Jackie M.

Active Member
23 April 2014
8
2
34
Sydney, Australia
OK. Helps when you have personal experience :)

I'd imagine that unless you are communicating online with this person/their family/friends then there can be no harassment and no stalking under Australian laws.

I have no idea what the US laws are in this regard.
Yeah the lawyer indicated he was basing it on UK laws (he said he spoke to a UK lawyer, which I translated to mean that he had a lawyer friend in the UK), which apparently apply to Australia, and said that I was in clear violation of them. My conversation with the police today has pretty much dispelled any concern about this going very far :)