A defamatory Facebook post has cost a man his livelihood – and very nearly his life.

What happened?

Ken Rothe and his wife operated two motels and a rental apartment in Nambucca, NSW. In March 2014, David Scott wrote a Facebook post alleging Mr Rothe’s motels were used as relocation homes for paedophiles and ex-prisoners.

Although Mr Rothe occasionally offered crisis accommodation to victims of family violence, he denied that his motels were used to house paedophiles and asked Mr Scott to remove the post. Mr Scott refused.

Sadly, a vigilante group attacked Mr Rothe, and he was hospitalised for several months (there is no suggestion Mr Scott is responsible for the assault). Mr Rothe and his family subsequently moved interstate.

Judge Judith Gibson found Mr Scott failed to verify his allegations before posting, and that the post had destroyed Mr Rothe’s livelihood. She awarded $150,000 in damages to Mr Rothe.

You are what you post

As mentioned in previous posts, the laws in the ‘real’ world apply equally online. You are responsible for the content of your posts.

Although Mr Rothe was not named in the post, his businesses were and so he was effectively identified.

Mr Scott didn’t verify the truth of his allegations before posting, claiming that as a father he’s entitled to alert the community to a potential threat.

The takeout

We’ll give the last word to Judge Gibson:

"The anonymity, instantaneousness and wide ranging reach of the Internet and social media make it a dangerous tool in the hands of persons who see themselves as caped crusaders or whistle blowers, or alternatively want to humiliate or "troll" other members of the community for the purpose of gratifying their own wishes or fears of for the purpose of gaining attention."

ABOUT THE AUTHOR
David Kelly is the founder of KHQ Approved, which offers fixed fee solutions across a range of areas (including marketing law and contract review).  Peace of mind from an experienced team for a reasonable price.