CONTENT WARNING: This article discusses allegations of sexual assault and domestic violence.
A Sydney judge has dismissed a court case where a NSW man tried to sue a younger man for defamation over a Facebook post alleging stalking.
The man was 31 years old when he began a relationship with the younger man, who was 16 at the time (the legal age of consent in NSW).
Now in his 20s, the younger man published a post on Facebook where he alerted his friends that they may be contacted by the older man who he alleged was stalking him.
“Hey all, just a heads up there’s a guy who’s been stalking me and has been obsessed with me,” he wrote on Facebook in May, 2021 per the Sydney Morning Herald.
“I have chosen to no longer associate with him and he is not taking it well, if you receive any text, message or email please let me know so I can report it to the authorities if needed, I’m sorry in advance for anything he sends you.”
The Facebook post named the older man, who responded two days later asking for it to be taken down on the grounds that his “therapist” agreed his behaviour wasn’t “stalking”.
“Hey. Please take down your Facebook message, it really isn’t nice nor fair, and is really sad hostile behaviour from you,” he wrote, per SMH.
“I spoke to my therapist and he agrees my behaviour isn’t stalking. Please don’t escalate things more than they already are. Take down the post. And simply talk to me in person, like you once asked me.”
A day later, the older man threatened the younger man with legal action over claims of defamation.
“So I have obtained some legal advice and sadly the Facebook message is illegal and considered defamation of character because it explicitly mentions me by name and accuses me of stalking which I have not done,” he wrote.
“So if it isn’t removed in the next 24 hours I will be taking legal action against you which will probably involve an order against you which will impact your ability to get a job.”
While the younger man did delete the Facebook post, a year later the older man launched defamation proceedings.
However, District Court Judge Judith Gibson slammed the defamation case as a means to “pressure” the younger man and had it thrown out.
Gibson noted there “were, at most, 52 followers” on Facebook who might’ve seen the post, and ruled in the younger man’s favour that the proceedings were brought on “to intimidate and harass [him]… as part of an on-going campaign”.
Gibson found that it was clear the older man was “obsessed by his feelings for the defendant, and is using this litigation for that purpose rather than for vindication”.
“I am satisfied from this material that the plaintiff is relying upon this litigation as a way of keeping pressure on the defendant, not only to remain in contact with him, but also to return to his former servile role,” the judge said.
While stories like this may seem cooked, the judgements that result from them are increasingly important given the growing issue of men suing their accusers for defamation.
The most famous example of this is undoubtedly the drama surrounding Amber Heard and Johnny Depp.
Depp sued Heard for defamation after she disclosed in an article she wrote that she had survived abuse in the past — despite the fact that she did not name him or the accuser in any way. He sued her on the grounds that since they had been in a relationship, people could speculate it was about him. And we all know how that case went for her.
Regardless of who you believe or side with, if a man can sue a woman for just disclosing she is a survivor, even when keeping her abuser anonymous, because he has been associated with her, that has some pretty fucked implications — one being that any man who has previously dated her could do the same.
While that case was in the US and thankfully not in Australian courts, we’ve already seen similarly complex defamation proceedings here: Former Attorney General Christian Porter sued ABC journalist Louise Milligan for defamation after she reported a woman had told the ABC she had been sexually assaulted by a cabinet minister.
The publication did not name the accused, but because Porter was a minister at the time, he sued on the grounds people could speculate he was the abuser. He categorically denies it was him, though.
Porter eventually dropped his defamation case, but it was a dark time for women who have often turned to social networks and the media when the justice system has failed them.
Let’s hope the law catches up, and in the meantime, it’s good to see cases like the one outlined above where the judge appears understanding of the power dynamics at play.
Help is available.
- If you require immediate assistance, please call 000.
- If you’d like to speak to someone about domestic violence, please call the 1800 Respect hotline on 1800 737 732 or chat online.
- Under 25? You can reach Kids Helpline at 1800 55 1800 or chat online.
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