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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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A person has insulted me by calling me an economic migrant

Resolved Question:

A person has insulted me by calling me an economic migrant and telling me to "f**k off back to Scotland" on a social network site. I feel that this is racist and want to know whether I can pursue legal action against this person.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What action are you hoping to take please?
Customer: replied 2 years ago.

Well I feel like this person has defamed me because he has also stated the I "hate England" which is entirely untrue. I merely support Scottish Independence but have nothing against any of my British neighbouring nations, least of all England where I have many friends and relatives.

The person who insulted me has complained to my work HR dept because he found the details on Facebook and did not like my response when I called him "a racist tosser".

Expert:  Jo C. replied 2 years ago.
You could complain to the police. In truth they have been fairly clear recently that they do not intend to police Facebook but there are offences.
You can also complain to Facebook or whatever the site is and they will often remove comments of an undesirable kind.
I'm afraid though, that there is no claim in compensation for these comments. I am sorry but I cannot agree that this amounts to defamation given the new test and anyway a contested action would cost in excess of £10k.
Can I clarify anything for you?
Customer: replied 2 years ago.

Yes please, Jo.

The person's response to my critique, which a mutual friend, had shared on her wall read,

‘Your mate sounds like a refugee rather than the economic migrant that I assume he is. If he hates England/ London so much, then he should just f**k off back to Scotland!’

My original status of 1818h on Sunday 3rd August to which this refers, reads,

‘Just heard the Radio 4 sports news and the guy said that the 'home nations' had done well. He then gave examples from England who came 1st, Australia who were 2nd and Wales only. There was no mention of Scotland at all, even although we came 4th for medals! It beggars belief how Anglo centric BBC are despite the games being in Scotland and how propagandist they are too in maintaining an imbalanced emphasis on the three nations of the UKGB. If the polls are right, God help us Scots. I'll be ashamed of my country if we end up being the only nation ever to be offered an opportunity to self-govern and don't actually take it.’

After I told him he was being a racist 'tosser' and 'dickhead' for assuming I meant any negativity towards England or London, he said I had just committed livel, wrote to the Vice Chancellor of the university where I work and caused a disciplinary meeting to be arranged because of his 'complaint'. He conveniently omitted to explain that he had racially provoked me and he had also taken his original post down from my friend's wall (she has also now unfriended me as she is in a relationship with the chap who made the racist remark).

I have written to Facebook asking for a copy of his original comment to show I had been provoked but I just got a generic digital reply of thanks.

How can I access his original comment?

Also, what can I accuse him of?

He told my employer that he was seeking legal advice of my 'libel' despite the fact that he through insults first which were completely unfounded and racist.

Customer: replied 2 years ago.

thank you. Please can you answer my request for clarification?

Expert:  Jo C. replied 2 years ago.
That is really a question for Facebook.
I suppose you could try to get an injunction forcing Facebook to hand it over and they might not contest it. I'm not sure there is any legal basis for it. Its not something you intend to use in the course of legal ction.
At the very highest point is a public order or possibly a malicious communication although I suspect the police would not be interested.
He is not going to sue you for libel. Its extremely expensive to do that.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
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