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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My business has been defamed via Facebook. Facebook has

Customer Question

My business has been defamed via Facebook. Facebook has taken down the post but now won't give me the name of the person who posted it. They advised me that I can only obtain that information if I go through a lawyer or solicitor. Can I hire a solicitor to trerei e that info then send a letter to the person who defamed my business
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Good Morning,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Do you have a copy of the message and has your business suffered because of it?

Customer: replied 3 months ago.
No Facebook deleted it but when I called then they said I could only get it back if I had a solicitor or lawyer call them to retrieve it. They normally don't delete reviews but they felt that it was serious enough and a personal attack to remove it.
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 3 months ago.

Good Afternoon,

You can get a solicitor to start proceedings in court and issue a subpoena on Facebook to get the details.

If your business has not been affected by this, It would not be worth taking it further because it will cost you more. The court would not award you with any compensation if you have not suffered any loss.

The court would only ask them to apologise to you.

So again have you suffered any loss?

Customer: replied 3 months ago.
Would rather chat here today if possible rather than a call as I am aware it is Sunday
Expert:  Leon replied 3 months ago.

Thats ok. Did you suffer any looses to your business?

Customer: replied 3 months ago.
Not at this stage. We live in a s all town and this has come from an employee from the business next door.
Expert:  Leon replied 3 months ago.

Good Afternoon,

Until you notice a falling off in business and have a customer advise that it is because of that comment on Facebook, I would not be doing anything.

You do not have a copy of it and at the moment there is nothing to show it actually has affected the business negatively.

Does the employee next door have a copy of the post?

Customer: replied 3 months ago.
She had her friend post it on our business review.
So basically in court nothing can be done against slander, Deformation unless you can prove it has affected your business and customers have stopped coming and you have lost income.
Expert:  Leon replied 3 months ago.

Good Afternoon

You can sue for defamation. But the court will not order any compensation unless you show that you have suffered loss.

If you have suffered no loss the court will make an order they apologise and retract it. This is going to cost you to get. The court may award costs but you never get back 100%.

Most costs order get you back 70 - 80%

So economically you only sue if you have suffered some financial loss.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 3 months ago.
One more Question. Can I hire a solicitor to retrieve the information and name from Facebook and the send that person Responsible a letter from my business stating that if to happens again we will take action?
Expert:  Leon replied 3 months ago.

Good Afternoon

The solicitor can request the information but they will not release it because of privacy.

You can try.

You can have the solicitor write to face book and ask them to release it and if they dont they will be held liable for losses that are caused due to their refusal.

Customer: replied 3 months ago.
I have spoken in person via phone call to facebook. Yes they are strict about there privacy policy, however they did state that I could get a solicitor to retrieve this information. I just needed Clarification that a solicitor could indeed carry this out for me then issued letter to the person responsible. I am aware this will come at a cost.
Expert:  Leon replied 3 months ago.

Good Afternoon

You would hire a solicitor that practices in Defamation.

The law institute of victoria will provide you with a referral.

I doubt they will release the information to a solicitor and not to you.