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Could this be construed as harassment/defamation?

  • 19-03-2019 2:14pm
    #1
    Monife
    Registered Users, Registered Users 2 Posts: 3,014 ✭✭✭


    There is a website, www.shesahomewrecker.com, that is used by betrayed partners to post details of the "other woman / homewrecker" after discovering their partner had cheated on them. The details posted are usually their full names, a photo and a description of the "betrayal" or of the person.

    If someone posted to this website including details such as the above and what they said was completely true, could this be construed as harassment or defamation?


Comments

  • #2
    bottlebrush
    Registered Users Posts: 8,195 ✭✭✭bottlebrush


    listened to a story last week called 'Home wrecker' on the 'Criminal.' true crime podcast. a totally innocent woman was posted on it - the poster wanted to get revenge for something else entirely

    don't know how these sites can be allowed.

    that aside, isn't it interesting that the women are portrayed as the home wreckers and not the straying partners or husbands.


  • #3
    Monife
    Registered Users, Registered Users 2 Posts: 3,014 ✭✭✭Monife


    bottlebrush wrote: »
    that aside, isn't it interesting that the women are portrayed as the home wreckers and not the straying partners or husbands.

    Yes, although there is a male section on the website, women get the brunt of the hate.


  • #4
    jimmycrackcorm
    Registered Users, Registered Users 2 Posts: 14,345 ✭✭✭✭jimmycrackcorm


    bottlebrush wrote:
    don't know how these sites can be allowed.


    A site can be hosted anywhere in the world so there's no effective way to block it


  • #5
    Dial Hard
    Registered Users, Registered Users 2 Posts: 13,915 ✭✭✭✭Dial Hard


    Given your post history, I can only assume this is something you're considering doing. All I can say is - don't. Chances are she won't even see it and if she does, it's not going to take Sherlock Holmes to figure out the likely source.

    I say this as someone who was also cheated on by their husband - take the high road. By all means fantasise about various public shaming scenarios if that's what it takes to get you through the day (my personal favourite was daydreaming about having my wedding dress delivered to her workplace in a giant, gift-wrapped box) but for the love of god, don't act on them. In years to come, knowing that you maintained your dignity throughout will be a huge comfort to you, believe me.


  • #6
    Monife
    Registered Users, Registered Users 2 Posts: 3,014 ✭✭✭Monife


    Dial Hard wrote: »
    Given your post history, I can only assume this is something you're considering doing. All I can say is - don't. Chances are she won't even see it and if she does, it's not going to take Sherlock Holmes to figure out the likely source.

    I say this as someone who was also cheated on by their husband - take the high road. By all means fantasise about various public shaming scenarios if that's what it takes to get you through the day (my personal favourite was daydreaming about having my wedding dress delivered to her workplace in a giant, gift-wrapped box) but for the love of god, don't act on them. In years to come, knowing that you maintained your dignity throughout will be a huge comfort to you, believe me.

    Too late. I had posted on the site about 2 months ago in a drunken stupor and just realised it was only recently published. I have asked them to take it down but have received no response. Someone else told me that they don't remove posts unless they receive a solicitor's letter.

    I do regret it. It's not my usual MO and I have maintained my dignity in all other aspects of this situation, even when talking briefly to the woman. What makes it worse is her name is quite unusual and if you google her, the post is the first search result!


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  • #7
    Dublinensis
    Registered Users Posts: 63 ✭✭Dublinensis


    To answer your original question, there is a criminal offence of harassment under s. 10 of the Non-Fatal Offences against the Person Act 1997 but the conduct you describe does not seem to meet the definition of the offence.

    Defamation, on the other hand, is a civil matter, so there is no risk of a conviction in relation to it. If the woman in question were to sue you for defamation, and were to be able to satisfy the court that you were the person who made the post, you would be required to prove on the balance of probabilities that what you said about her was true. If you failed to do this, you could be required to pay her compensation.

    I am not a legal practitioner and the above should not be considered a substitute for professional legal advice.


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