Grandfather's fury at Facebook post

An aggrieved grandfather will take legal action against a woman who posted to Facebook to accuse him of inappropriately touching his grandson.

It could prove to be a "very costly post", according to a legal expert, who warns that too many people throw comments around online without realising the legal trouble they could get into.


Photo: File.

The woman who made the claim, on an open page, named the child and his grandfather and asked people to share the post.

The man mentioned in the post vehemently denies the claims.

"I would never, ever do that. My grandkids are my world. I'm broken, absolutely broken. I don't even know the woman."

The man's wife said that if the woman had serious concerns, she should have approached the police, the child's school, or the family.

"We will be pursuing the matter through the legal system," she said.

"This is defamation, it's absolutely not true. We have been in talks with our lawyer and will look to file a civil claim shortly."

The family has also gone to the police, who are looking into the matter. The woman who made the claim declined to comment when approached by Fairfax.

The ramifications for the woman who posted the content and those who shared the post will be a costly exercise, according to an expert in media law.

Ursula Cheer, a Canterbury University professor who specialises in media law, said the post, which has now been taken down, is a civil case waiting to happen.

"This is a very serious crime to accuse someone of, and without the defense of truth, it can be a very costly post."

Cheer said the woman could be in for an expensive battle, and further costs could be awarded because the grandchild was named. Any potential victim of sexual assault has automatic name suppression in the court system.

Cheer said lawsuits involving posts on social media are on the rise in New Zealand - many are taking civil action against those who have posted defamatory content about them online.

"The problem with social media is that some think it is just a chat with another person. It's not," Cheer said.

"Users of social media are publishers, and like the media, they are just as liable."

A defamation claim can be commenced even where the material is seen by just one person.

And those who share the post are just as liable.

"It's called the 'chain of publication'," Cheer said.

"Anyone involved in publishing the material is liable as well."

Removing the post would potentially lessen any damages if a defamation case were successful, but did not remove the threat entirely.

"It may reduce her liability, but that doesn't mean you can't be sued for damages."

A similar case in Australia, where a man was falsely accused of being a paedophile on social media, had damaging repercussions.

The man had taken a cellphone picture of himself with a Star Wars cutout of Darth Vader to send to his children.

A woman who saw him thought he was taking photos of her young children and snapped a picture of him, put it on Facebook and warned other parents about him, labelling him a creep.

The photograph went viral and the man was subjected to death threats.

Say what?

Defamation is the publication of an untrue statement that harms someone's reputation.

If people think they have been defamed, they can engage a lawyer to launch civil court proceedings, usually with the aim of getting a compensation payment and/or apology from the person who made the statement.

Once the preserve of newspapers and other media outlets, publishing also includes posting something on social media and also sharing it, even if you didn't write the original post.

The only absolute defence is truth and you have to be able to prove it in court, not rely on the fact that others are saying it, too.

Honest opinion can be a defence, but this can be difficult and costly to prove in court, especially if you don't have a track record of making comments on the issue. Joining an online bandwagon can get you in trouble.

Try to avoid defamation online

Don't call people liars, cheats, or accuse them of a crime unless they've been found guilty in court.

Don't share around posts from others that do this - that counts as publishing the statement and can add you to the list of defendants.

10 comments

YEAH

Posted on 18-09-2015 20:41 | By The Caveman

It's about time that people that make such claims are required to stand up and PROVE their claims. It only takes the "suggestion" of such activity to the TAR the accused (without any legal proof) for life. Ant unproven claims should result in the person making the unproved claim, being subject to the SAME sentence as the accused.................. i.e. Rape ='s 7 plus years in jail. A false/unproved claim should result in the same sentence for the accuser.


Facebook!

Posted on 19-09-2015 08:11 | By SonnyJim

I cannot wait for Facebook to collapse and self destruct. It's a bit like the unnecessary rubbish cluttering YouTube.


Unbelievable

Posted on 19-09-2015 09:39 | By Waaat

This is just ONE example of one of the many issues that we are teaching our young. Apparently everything can be solved by social media??? If you have a issue with another (especially such a serious accusation) I think taking the time to post it on FB would be the last thing on my mind and the most inappropriate.. For both parties!!!! Grow up people, I was raised back when people spoke to each other face to face, dealt with issues head on, solved problems as they arose, acknowledging fault and learning from your mistakes. But nowadays it seems its all too easy to blame the next person and in most cases get paid for it and if that dosnt work set up a FB donation site.... Geez if only it were that easy in my day


Social Media

Posted on 19-09-2015 10:03 | By bushman

Face book texting a gutless way to cause trouble I hope this women goes for a skate and her world turns to crap instead I know somebody else who was wrongly accused ruined their life one of the worst things that could happen to someone.


Facebook.

Posted on 19-09-2015 10:49 | By morepork

I don't have a Facebook account. My friends are real people and we interact by conversation. Mark Zuckerberg was an ego maniac who honestly believed that every thought in his head was so important it would be a crime not to share it with the world. (Hopefully, he has matured a bit now...) It is really important that EVERYONE has a voice and social media does help with that, but it is also important that people realize that with this privilege comes a responsibility. This article is excellent and shows some of the pitfalls that people just don't think about. We cannot have people on trial by public media; that's what the Courts are for. Facebook can be fun and useful, but it is a 2 edged sword, and there are people who are very willing to misuse it, especially for profit.


More rubbish..

Posted on 19-09-2015 17:39 | By maildrop

From morepork. Ironic that you seem to be an expert on the misuse of social media and in the same post call someone a ego maniac and claim to be able to read his mind! Presumably you know Zuckerberg so well you feel qualified to project his thoughts and diagnose his personality?


Overit

Posted on 19-09-2015 18:50 | By overit

I refuse to be invited into FB. Have better things to do with my time. I have viewed it, seems to be a place to crow "how marvellous my life is". Funny the bad things are left out.


Gossip

Posted on 20-09-2015 09:15 | By nerak

I


@Maildrop

Posted on 22-09-2015 21:22 | By morepork

You know him well enough to know the statement is incorrect? It was a direct quote from the movie "The Social Network", which was all about the creation of Facebook. Certainly, hearsay and anecdotes are not solid evidence, but in this case, it doesn't matter. I quoted it as a reflection of what you can expect from Facebook, not as an intended personal criticism of Zuckerberg. (Who is a lot more grown up these days... according to other sources)


The trouble....

Posted on 23-09-2015 15:23 | By GreertonBoy

These days is that people thrown under the bus on social media are presumed guilty until proven innocent. When will people finally work out that blurting rubbis on social media is not really such a good thing.... and, in fact, realistically social media is really not a good thing. How many times do we hear of people getting sacked or in trouble at least for posting things on social media, that they really shouldn't have .... time to wake up folks.....


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