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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience:  Over 5 years in practice
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I was accused of harassment by email sent through the Facebook.

Resolved Question:

I was accused of harassment by email sent through the Facebook. I didn't send that email and Police refused to investigate the matter. The email was sent through the Facebook page I run for the Charity organisation and it could have affected my integrity.
What is my position and how can I defend myself against similar accusations
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Who do you think did send it?
Customer: replied 2 years ago.

My daughter stole my pension money. Before I knew it had happened I had my first note from the Police to keep away from my daughter.

The second came later on after I found out about the money. My daughter's partner is an expert on the computers and set my up previously. I think it was him

Expert:  Jo C. replied 2 years ago.
Is there any evidence to support that at this stage?
Customer: replied 2 years ago.

My daughter was sentenced to jail for 22 months for fraud and taking my money

Expert:  Jo C. replied 2 years ago.
No, sorry. I meant evidence to suggest that he was the sender of the email?
Customer: replied 2 years ago.

no, sorry because Police didn't want to investigate

Expert:  Jo C. replied 2 years ago.
It depends how far you are prepared to go with this.
Ultimately you could always seek an injunction order forcing Facebook to identify the IP address of the poster and then an injunction forcing the provider to identify the account holder of that IP address.
That, of course, still doesn't identify the actual poster as many people can share an IP address but it does point at one person or another.
There is expense in doing that. It depends whether you think there is a risk that this will happen again.
Until you do take that action though there are no options at all because you cannot identify the sender.
One other option is to complain about the refusal of the police to investigate it. One can understand their view. Since you are not being prosecuted it is pointless to investigate but the trouble is that all campaigns of allegations begin with just one allegation. Everything is reasonable to start off with. It becomes unreasonable because it carries on.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

How do I go about seeking an injunction order forcing Facebook to identify the IP address and also the second stage?

Expert:  Jo C. replied 2 years ago.
Write to them first asking them. They will refuse.
Failing that you will have to seek an injunction at the County Court using the N16 forms.
Same procedure with the provider.
But you need to write first or the court will say you have issued too early.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
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