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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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Can I be prosecuted or sued comment on Facebook where

Resolved Question:

Can I be prosecuted or sued for a comment on Facebook where I mentioned no names but did express a personal experience and how it affected me ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Could you explain your situation a little more?
Customer: replied 1 year ago.
Hi
I was molsted by my brother when I was a child. I told my eldest brother when I was 17 and he told me if I wanted to take it further I would tare my family apart. I didnt want that so I said no at the time. For years this has haunted me and traumatized me. I felt unsafe to state my feelings in person so I put on facebook (with no names or anything about the abuse) and said I told a truth and all I wanted was to be loved and that I can finally stand up and state the truth and people are wecome to reject me but I finally wanted to be free. My brother (not the one who abused me) said I had sinned and that there would be consequences as he has to protect the well being of his family. I am concerend that he can prosecute me
Customer: replied 1 year ago.
sorry for my bad spelling
Expert:  Jo C. replied 1 year ago.
You are responsible for posts on Facebook obviously and there can be criminal liability.
What did you actually say though? If you just said that you had various feelings then that isn't untrue or criminal on the face of it.
If you went on to comment upon the abuse that is not proven and I would imagine disputed then that is different as that is very definitely defamation.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I did not mention names or mention abuse i said i told my truth and was met with coldness
Expert:  Jo C. replied 1 year ago.
When you say that you told your truth, what do you mean? If you said anything that amounts to an allegation then that is a problem.
Customer: replied 1 year ago.
That i told my brother the truth about the abuse... I guess I am in big trluble then
Expert:  Jo C. replied 1 year ago.
Do you assert that there was abuse?
Customer: replied 1 year ago.
It did happen ... I would give anything for it not to but it did
Expert:  Jo C. replied 1 year ago.
Well, possible but it is not proven and I imagine it is disputed. Did you assert there was abuse?
Customer: replied 1 year ago.
Not on facebook. I was asked directly at 17 and I said yes but thats it
Expert:  Jo C. replied 1 year ago.
Ok. So on facebook did you say anything about abuse?
Customer: replied 1 year ago.
No nothing
Expert:  Jo C. replied 1 year ago.
In that case my answer above applies.
Customer: replied 1 year ago.
So i should be ok?
Expert:  Jo C. replied 1 year ago.
If you have not said anything that amounts to an allegation then you will be fine.
Customer: replied 1 year ago.
Thankyou so much ill keep quiet now
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
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