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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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I have had a Facebook profile yrs that I didn't use my real

Customer Question

Hi, I have had a Facebook profile for 2 yrs that I didn't use my real name. I used another person's name. Just recently I said a few derogatory comments against a few gays on an article, even though they were doing the same to me. They have tracked the name I used to a business man and abvously abused him. They then posted on their website that the comments went theirs and they have contacted police and their solicitors to take the opropriate action. Also contacted Facebook to have the account closed. As soon as I found this out I deleted all comments and Facebook account. I'm terribly regretful for my actions. I'm wondering how serious this could get, could I be charged with identity theft of his name and be sued for Defamation? How long will it take them to find out it was me, and will this be pursued?. Will the police come knocking or will I receive a notice to apear in court?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Making derogatory comments or infalmatory coments about people on the basis of the sexual preferences is a breach of anti discrimination law and can result in fines or an order that you ay compensation.

Stealing someone's identiy could amount to an offence if actually represented yourself as a particular person, but would not amount to an offence if you simply used a pseudonym that happened to be confused with some other person.

However if you have deliberately impersinated another and then used that stolen identity to vilify others due to their sexual preferences you may also potentially be exposed to defamation proceedings if your actions have damaged the person whose identiy you have misused.

Although all these possibilities should be taken seriously and you should be very wary of repeating such behavior, they are also likely not of such a serious nature that the authorities will expend a great deal of resources trying to track you down, though it is a possibility.

I appreciate this is not the answer you may have been hoping for but it does reflect the reality of your situation.