The dictionary definition for bitching includes spiteful, critical
and maligning with the next step being from the legal lexicon including words
such as libel, defamation,
vilification, denigration, insult and slander.
Around 300 (apparently) concerned citizens have set up a Facebook page called ‘York Bitching’. It is what is called a closed group site where an administrator must approve your membership prior to you being able to access its content or post comments.
The United Nations Declaration of Human Rights is more than happy with closed group, on-line discussions between like-minded participants although it would not appreciate it being in breach of any Federal, State or Criminal and Common Law.
Also, many do not appreciate human rights legislation being used to disseminate embarrassingly tasteless reports and comments relating to local neighbourhood infighting, and on any other type of on-line site slur for that matter.
Or, in this case, being subject to negative ramifications regarding the WA Local Government Act, 1995, and its interpretation.
Those employed and paid to serve a Local Government area Council are obliged to do so in the best interest of its community and defend its reputation. Those elected to serve the community must do the same.
In York’s case, four from the Shire of York itself chose to link themselves and their private Facebook pages to, ‘York Bitching’. In itself it is a name which could be considered, at best, to be disparaging to a community image as a whole.
One reason given by one of the four was to be more aware and have more understanding of communications within the community.
This is a holistic statement that appeared not to satisfy Ms. Jenni Law from the department, within the DLGC, charged with administering required standards of propriety which should be observed by local government councils.
Therefore one person concerned is known to have removed any links to York Bitching and should be commended for doing so.
It is up to Shire President, David Wallace, to ensure all Councillors are aware of what has occurred and the reasons this person has decided to sever all personal links to this Facebook page.
Also- why no Councillor should be a member of such a closed group, as ethics such as transparency, openness and accountability do not equate to this type of Facebook Page.
Regarding Common Law, those remaining as listed participants in ‘York Bitching’ must have extreme faith in their administrator’s legal ability and moral and ethical community compass.
There is supposedly a fine line between pleasure and pain and the same between Bitching and Libel.
And nothing is more breathtakingly disturbing as receiving the following; -
WALRUS & WOMBAT
Solicitors
Your reference: - SUPREME COURT OF WESTERN AUSTRALIA
INTENTION TO SUE FOR LIBEL.
The Administrator, ‘York Bitching’, Facebook Group.
We advise you that (name) (hereafter Client) has demanded that a Supreme Court Injunction be taken out against you and ‘York Bitching’ Closed Facebook Group regarding articles and comments on this site that have maliciously impugned the personal reputation of our Client
You are hereby required to remove all offending material involving our Client from this site, and any associated sites, effective immediately.
Upon our request on behalf of our Client you are obliged to deliver up to us all material things pertaining to this case, including but not necessarily limited to all defamatory articles and comments published and distributed involving our Client and the names of all those who have received or have access to such.
Failure to accede to these demands in full will initially see all legal actions deemed necessary taken against you by appropriate authorities prior to the proposed libel action being taken by our Client.
Yours sincerely.
Walter Walrus.
Around 300 (apparently) concerned citizens have set up a Facebook page called ‘York Bitching’. It is what is called a closed group site where an administrator must approve your membership prior to you being able to access its content or post comments.
The United Nations Declaration of Human Rights is more than happy with closed group, on-line discussions between like-minded participants although it would not appreciate it being in breach of any Federal, State or Criminal and Common Law.
Also, many do not appreciate human rights legislation being used to disseminate embarrassingly tasteless reports and comments relating to local neighbourhood infighting, and on any other type of on-line site slur for that matter.
Or, in this case, being subject to negative ramifications regarding the WA Local Government Act, 1995, and its interpretation.
Those employed and paid to serve a Local Government area Council are obliged to do so in the best interest of its community and defend its reputation. Those elected to serve the community must do the same.
In York’s case, four from the Shire of York itself chose to link themselves and their private Facebook pages to, ‘York Bitching’. In itself it is a name which could be considered, at best, to be disparaging to a community image as a whole.
One reason given by one of the four was to be more aware and have more understanding of communications within the community.
This is a holistic statement that appeared not to satisfy Ms. Jenni Law from the department, within the DLGC, charged with administering required standards of propriety which should be observed by local government councils.
Therefore one person concerned is known to have removed any links to York Bitching and should be commended for doing so.
It is up to Shire President, David Wallace, to ensure all Councillors are aware of what has occurred and the reasons this person has decided to sever all personal links to this Facebook page.
Also- why no Councillor should be a member of such a closed group, as ethics such as transparency, openness and accountability do not equate to this type of Facebook Page.
Regarding Common Law, those remaining as listed participants in ‘York Bitching’ must have extreme faith in their administrator’s legal ability and moral and ethical community compass.
There is supposedly a fine line between pleasure and pain and the same between Bitching and Libel.
And nothing is more breathtakingly disturbing as receiving the following; -
WALRUS & WOMBAT
Solicitors
Your reference: - SUPREME COURT OF WESTERN AUSTRALIA
INTENTION TO SUE FOR LIBEL.
The Administrator, ‘York Bitching’, Facebook Group.
We advise you that (name) (hereafter Client) has demanded that a Supreme Court Injunction be taken out against you and ‘York Bitching’ Closed Facebook Group regarding articles and comments on this site that have maliciously impugned the personal reputation of our Client
You are hereby required to remove all offending material involving our Client from this site, and any associated sites, effective immediately.
Upon our request on behalf of our Client you are obliged to deliver up to us all material things pertaining to this case, including but not necessarily limited to all defamatory articles and comments published and distributed involving our Client and the names of all those who have received or have access to such.
Failure to accede to these demands in full will initially see all legal actions deemed necessary taken against you by appropriate authorities prior to the proposed libel action being taken by our Client.
Yours sincerely.
Walter Walrus.
The Administrator will be considered initially responsible with the authors of
legally considered derogatory articles and comments following closely behind.
Technically- anyone listed as a member of the site could be considered a material witness in any court case.
Of course the perception that a Closed Group Facebook site is closed to all but members is wrong. Any duly authorised agency can enter the site to review its content and take any action it deems necessary.
Unfortunately, what is in a name can be perceived to be what is on a site- which is rather sad because there is an inalienable right to have a closed group Facebook site and York does need one.
Technically- anyone listed as a member of the site could be considered a material witness in any court case.
Of course the perception that a Closed Group Facebook site is closed to all but members is wrong. Any duly authorised agency can enter the site to review its content and take any action it deems necessary.
Unfortunately, what is in a name can be perceived to be what is on a site- which is rather sad because there is an inalienable right to have a closed group Facebook site and York does need one.
David Taylor.
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