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facebook slander??

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  • 21-02-2019 7:34pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Hi all,
    Long time user here but I have to go anonymous on this one.
    Im looking for some information regarding disgusting posts made about a family member on facebook.
    Bit of background.
    My family member has been harassed by an individual for over a year now in her college-including threats of sexual abuse. This particular individual has been the subject of multiple investigations by the college and also the gardai.
    He has recently been expelled from the same college for threatening behaviour towards students and staff members.

    He has been putting posts up abut my family member which are vile and completely untrue.
    Ive approached facebook but they don't deem the posts as slanderous and wont act on them.
    Ive also reported the same to the garda but they wont return my calls--I even have the investigating Gardas name and have sent multiple emails to him regarding this.

    So Ive decided to get legal advice on the issue.
    My issue is how I go about getting this persons home address in order to send a solicitors letter to them in order to stop these posts.

    Has anyone any advice on how to put a stop to this.
    Im at my wits end as my family member has now stopped going to college out of fear of this lad.


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    #2
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    I would strongly advise you to tell your family member to get off Facebook or any other social media where they are connected to this person and can see their posts.

    If this person has already been in trouble for their behaviour then anyone who sees the posts will know they are just the ramblings of a crazy person.

    Have you tried speaking to the Guards in person?

    If your family member has stopped going to college then you need to speak to the college about how they can ensure her safety.


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    #3
    Caranica
    Registered Users Posts: 10,041 ✭✭✭✭Caranica


    Under GDPR neither Facebook nor the Gardai should be dealing with you on this. Your family member should be dealing with them directly or else needs to give you written consent to intercede on their behalf.


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    #4
    joeguevara
    Registered Users Posts: 8,048 ✭✭✭joeguevara


    Screenshots. Police. Solicitor. Off social media. No more no less.

    If needed counseling.


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    #5
    Franz Von Peppercorn
    Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    Caranica wrote: »
    Under GDPR neither Facebook nor the Gardai should be dealing with you on this. Your family member should be dealing with them directly or else needs to give you written consent to intercede on their behalf.

    The Gardai can’t investigate because of GDPR?


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    #6
    joeguevara
    Registered Users Posts: 8,048 ✭✭✭joeguevara


    Franz Von Peppercorn wrote: »
    The Gardai can’t investigate because of GDPR?

    They mean as the info doesn’t pertain to you they cannot discuss the issue. They being Facebook. Gardaí can act ons complaint if evidence is provided. But better if the individual did it themselves.


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    #7
    Hoboo
    Registered Users Posts: 3,524 ✭✭✭Hoboo


    What he's posting on FB is libel, not slander. Regardless, get legal advice.


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    #8
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Op here again.

    My family member is not on Facebook-the screenshots of these posts were sent to them by a friend that is.
    . Police. Solicitor. Off social media. No more no less.

    If needed counseling.

    All done. Ive contacted the garda and made a report.
    Solicitor has told me I need this persons address to send off a letter which I dont have.
    What he's posting on FB is libel, not slander. Regardless, get legal advice.
    Ive gotten legal advice. See above. Solicitor reckons I have a good case for defamation. No good taking a defamation case if this bloke doesnt have any means to pay it.
    All I really want to do is send a letter asking them nicely (at first) to stop posting this stuff on facebook. But I cant do that without an address.


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    #9
    joeguevara
    Registered Users Posts: 8,048 ✭✭✭joeguevara


    facebook posts2 wrote: »
    Op here again.

    My family member is not on Facebook-the screenshots of these posts were sent to them by a friend that is.



    All done. Ive contacted the garda and made a report.
    Solicitor has told me I need this persons address to send off a letter which I dont have.


    Ive gotten legal advice. See above. Solicitor reckons I have a good case for defamation. No good taking a defamation case if this bloke doesnt have any means to pay it.
    All I really want to do is send a letter asking them nicely (at first) to stop posting this stuff on facebook. But I cant do that without an address.

    If it’s not about you, you have no case. Also by you discussing it with third persons when you don’t have a case may mean that they have a case against you. If the person wants to pursue let them. Don’t get involved yourself as you may be opening yourself up.


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    #10
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Could you try and see does anyone else in the college know the guy and where they live, usually these nuts leave themselves open and easily found by what they post and take pictures of.

    Is he one where he posts his whole life on FB.

    Your family member needs to finish out their college or maybe move to a different one and as others said she needs to keep away from social media.

    Her friends need to do the same and make sure he can't access any of their information that he could see and find stuff on your family member.


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    #11
    Big Bag of Chips
    Administrators Posts: 13,809 Admin ✭✭✭✭✭Big Bag of Chips


    I agree with joe above, your posts are full of "I", your family member at the centre of this barely gets mention. If your relation is not a minor then they need to be the one pursuing this. I'm sure there are ways of delivering legal correspondence to people. Not everybody is going to personally know the home address of their tormentor.

    Ask your family member what they want to do and then help them do it. If they want to pursue this, bring them to speak to the gardaí or the solicitor.

    This needs to become "we" instead of "I". Encourage her to not be afraid of this person.


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    #12
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    joeguevara wrote: »
    If it’s not about you, you have no case. Also by you discussing it with third persons when you don’t have a case may mean that they have a case against you. If the person wants to pursue let them. Don’t get involved yourself as you may be opening yourself up.


    I think I need to be a bit more clear on this.
    The family member is my daughter and shes 21.This lad threatened to sexually assault her last year and also physically assault her. We went to the college and made a complaint and she didnt want to take it any further and as there were other cases ongoing we felt that it was best left to the college and garda to deal with it.
    Now this scumbag has been expelled and has decided to target all those that made these complaints against him by putting these untrue posts on facebook which were sent to her by the others involved.
    Whether I want to be involved or not I am (I would fight to the death for my family) and to be totally honest Im at the stage of dealing with this in a different manner now.

    I agree with joe above, your posts are full of "I", your family member at the centre of this barely gets mention. If your relation is not a minor then they need to be the one pursuing this. I'm sure there are ways of delivering legal correspondence to people. Not everybody is going to personally know the home address of their tormentor.

    Ask your family member what they want to do and then help them do it. If they want to pursue this, bring them to speak to the gardaí or the solicitor.

    This needs to become "we" instead of "I". Encourage her to not be afraid of this person.

    She is absolutely terrified of going to the garda about ths lad. He has already a couple of cases on pulse against him and doesnt seem to care at all. One of the cases I believe is assault with a knife.


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    #13
    joeguevara
    Registered Users Posts: 8,048 ✭✭✭joeguevara


    facebook posts3 wrote: »
    I think I need to be a bit more clear on this.
    The family member is my daughter and shes 21.This lad threatened to sexually assault her last year and also physically assault her. We went to the college and made a complaint and she didnt want to take it any further and as there were other cases ongoing we felt that it was best left to the college and garda to deal with it.
    Now this scumbag has been expelled and has decided to target all those that made these complaints against him by putting these untrue posts on facebook which were sent to her by the others involved.
    Whether I want to be involved or not I am (I would fight to the death for my family) and to be totally honest Im at the stage of dealing with this in a different manner now.




    She is absolutely terrified of going to the garda about ths lad. He has already a couple of cases on pulse against him and doesnt seem to care at all. One of the cases I believe is assault with a knife.

    I am trying to help you here. Can you outline how you directly were libeled (slander is where it is spoken and libel is written). Did these say facebookposts3 did something and facebookpost3 murdered y. If you want to proceed yourself then it has to have been said about you. If they are made only about your daughter then she has to.

    Now I apologize because I should have said that if your daughter gives Facebook written consent for you to access her personal information you can do it on your daughters.

    Now to tell you the truth I wouldn’t be waiting for Facebook. You said he has threatened your daughter. Now if he has threatened her those in her direct vicinity and those she lives with would have a reasonable fear of a threat especially if these libels were said against them. The police will have to take that seriously. Also, your daughter although scared needs to have a conversation with a Police Liaison or a female Garda to go through what would happen if she made a complaint. She has to understand that it will only get worse if she doesn’t it’s also affecting others.

    Now if direct threats have been made a barring order should be looked at. I won’t go into being charged and refused bail as all information is fairly sketch.

    My final comment is for gods sake why are you pi55ing around with Facebook. You say you have evidence of libel. Go to the police and deal with whatever you want with Facebook after.

    Hope your daughter is ok and prioritize the threats and how to deal with them.

    One final thing if you name the individual and guess if he has charges and guess the type of charges and you are wrong you might face a defamation charge yourself. Stick to what you know and what you can prove.


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    #14
    Franz Von Peppercorn
    Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    She doesn’t have to wait for Facebook the company to reply to anything. The posts are in the public domain. And the op is asking questions about how to help her daughter, not saying she is bringing a case herself.

    Op, you’ve done what you can with the solicitor and the gardai. Defamation is a civil issue you may also want to think about other legal routes. A barring order given the previous incident for instance.


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    #15
    wiggle16
    Moderators, Society & Culture Moderators Posts: 3,022 Mod ✭✭✭✭wiggle16


    Defamation is one thing, and as another person said it's a civil issue. Forget about that for now.

    Threatening someone is quite another, that's a criminal issue and you need to get onto the guards about him. Keep at them if they are not acting on it.


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    #16
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    Im struggling to see what is to be gained by trying to chase this guy legally - through letter or suing him.

    Chances are he hasnt the means to pay for being sued for defamation.

    What is achieved by sending a letter telling him to cease and desist except to continue to aggravate the situation - given that you have described someone who is clearly unhinged.

    Why are these people sending your daughter screen shots of what some lunatic is saying about her on Facebook? It sounds like a lot of pot stirring.

    As I mentioned already, anyone who sees the posts will know its just the ramblings of a crazy person.

    If you want something done about this then your daughter needs to follow up with the Guards - and stop worrying about meaningless words on facebook.

    Threats of assault need to be reported to the Guards.

    Do you really think the Facebook posts are the thing to be focussing on here?


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    #17
    Xterminator
    Registered Users Posts: 4,719 ✭✭✭Xterminator


    Hi Op

    You really need to sit down with a detective in your local garda station and discuss how best to approach this.
    you need to document and screenshot all message as they exist right now.
    If there are threats on facebook then they do need to act. Don't take no for an answer- escalate as needed.

    this is serious enough that internet strangers advice isnt going to fix this. PS if you have ever seen cape fear - you will know that giving a hiding to someone can have the opposite effect to the once you hope for. so i really dont suggest you explore the self help route.

    I would however consider chatting with the lads parents, if you know they are decent people.


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