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Fake news

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Roosda View Drop Down
Newbie
Newbie


Joined: 18/November/2017
Location: Australia
Posts: 2
  Quote Roosda Quote  Post ReplyReply Direct Link To This Post Topic: Fake news
    Posted: 18/November/2017 at 13:05
Yesterday my friend his facebook pics attached to a TV news report about a very serious charge. The accused is his nephew same name but different birthdates. The name in the news report was correct but the photos were not. Is this a case of defamation, because on National TV my friend was ‘arrested’ and charged with murder. This was his nephew not my friend but they broadcasted facebook pictures saying otherwise. Regards

Edited by Roosda - 20/November/2017 at 19:55

citizen-joe View Drop Down
Senior Member
Senior Member


Joined: 09/October/2005
Location: Australia
Posts: 611
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 20/November/2017 at 01:17
Might be an innocent mistake, advise the poster that he has linked the wrong photos and send him a link to the correct ones.Take a screen shot for evidence and save a copy of your message to him. Report to facebook if the post is not corrected.

Roosda View Drop Down
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Joined: 18/November/2017
Location: Australia
Posts: 2
  Quote Roosda Quote  Post ReplyReply Direct Link To This Post Posted: 20/November/2017 at 19:02
Thankyou for the reply, just to clarify, this was not a facebook post but an actual Channel Ten news report (5.pm) so my friends image was mistakenly linked to the news report saying he was arrested and charged with murder. This was not the case, it was his nephew who carries the same name as my friend BUT has a different birthdate. The story was correct BUT the images and the person they were reporting about was not my friend.

Kind regards

citizen-joe View Drop Down
Senior Member
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Joined: 09/October/2005
Location: Australia
Posts: 611
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 21/November/2017 at 07:55
If it was a TV station that did this I expect it was just sloppy research, but the person who had his photo incorrectly linked has been damaged. A solicitors letter to the TV station would be a starting point.

Might be an idea to notify Media watch of the sloppy research of the TV station.

AMK Law View Drop Down
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Newbie


Joined: 11/September/2017
Location: Australia
Posts: 21
  Quote AMK Law Quote  Post ReplyReply Direct Link To This Post Posted: 21/November/2017 at 14:02
Hi Roosda,

Publishing a wrong photo or publishing someone else’s photo without authority are examples of extremely careless behaviour and the involved media group must be called out. In light of your facts, Defamation seems to be an appropriate area of Law that can be used to claim remedies for the loss suffered. Briefly, Defamation law deals with harm to someone’s reputation. Further, in order to ascertain whether the wrongful publication of the photograph is defamatory the following needs to proved: Did the publication lower the public’s estimation of the person in the photo, expose the person to hatred, contempt or ridicule, or cause him or her to be shunned or avoided? Lastly, publishing a photograph in error is not a defence.
Should you wish to discuss this matter further, Please feel free to contact us at AMK Law

Disclaimer:
This information is of a general nature only and it is not, nor is intended to be, legal advice.


Edited by jaazzz - 21/November/2017 at 17:27
This information is of a general nature only and it is not, nor is intended to be, legal advice.

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