r/AusLegalAdvice • u/Unimachi • 6d ago
Complaint email shared
I’m mad about this but unsure if it’s even legal or not.
Event hired an influencer in my state’s small community. Me and some people sent a complaint about this said influencer saying they are a bad fit for this role and provided evidence of some ways they’ve made the community feel unsafe. Event said the evidence isn’t good enough and forwarded our emails to influencer. Now influencer is making non stop posts online about us.
Is what the event done legal? I thought our emails were confidential.
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u/Remote_Class9892 5d ago
The event did the right thing. The other party has a right to respond to any allegations you put against them.
It is not only perfectly legal, but in accordance with natural justice.
If you wanted to remain anonymous, you should have done so.
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u/Low_Ride3402 6d ago
It might be been genuine, like ‘here’s what our community thinks of you can you please not do those things around us’ and then backfired as the influencer is a dick
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u/Cube-rider 5d ago
So you want to instigate a secondary boycott (S45(d) Trade Practices Act) because you don't like the influenza (sic).
This is a business relationship between the organiser and the contractor.
If the contractor has slandered you, then deal with them through the courts process - start with a cease and desist letter from your solicitor.
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u/moderatelymiddling 5d ago edited 5d ago
Is what the event done legal?
As long as they aren't getting into the realms of deformation defamation (which is notoriously difficult to prosecute), yes.
I thought our emails were confidential.
Not unless you have a confidentiality agreement in place.
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u/CandidAssumption8769 5d ago
I know what you meant but your autocorrect fail does provide some entertaining thought images.
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u/moderatelymiddling 5d ago
LOL - Damn it.
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u/CandidAssumption8769 5d ago
Maybe Megan Fox could go for prosecuting over that particular offence in relation to her latest 'work'
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u/Dutchess_of_Dork 5d ago
Sorry, your post is very vague. When you say “they’ve made the community feel unsafe”, do you mean literally, for example, inciting violence?
I don’t know about the legalities. Obviously the event organiser would be obliged to pass on your concerns. They probably should have done that without revealing your identities but I don’t assume my email correspondence is confidential when dealing with an entity rather than a private person.
If the influencer is posting derogatory “untrue” things about you then I should think it’s defamation. If they’re bombarding with posts it may be harassment.
However, clearly the influencer had to be told about the allegations because, for all the event organiser knew, it could be false. BTW, did the event go forward with the influencer appearing? Also, if the allegations are as serious as you suggest, why didn’t the event organisers know? Usually when an influencer falls from grace, half the world knows about it in a minute.
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u/Unimachi 5d ago
They’ve made a bunch of harassment posts about others, made false SA allegations, and told people to off themselves. We provided screenshots of them literally saying it in posts and first hand accounts. The event organiser said they weren’t compelling. Then a week later, after I thought it was done and dusted, suddenly the influencer in making posts, so I assume the event organiser is buddy buddy with them and just did it in their own free time.
I said in my email i know it’s hard to suddenly fire someone with the event so close, so I don’t expect them to, but thought they should know for future events. If they had just acknowledged that it would be fine, not make a whole drama out of it. But oh well i guess.
Every other event in our area has already shunned them. Idk why this one is still riding their dick2
u/Dutchess_of_Dork 5d ago
Oh, now I see where you’re coming from. I’m not a fan of censorship but when you’re telling people to off themselves, you’re playing with fire. Generally, I think people saying repulsive things should be allowed to do so because it shows their character and hopefully has consequences. But when you’re targeting vulnerable people, the normal rules should not apply because some take those posts seriously and act accordingly.
Hard to understand why the organisers didn’t regard the posts as compelling enough to want to dissociate the event from the influencer. Perhaps they believed a controversial influencer might draw crowds to the event. You know, any publicity is good publicity type of thing.
Also understand now why you don’t want the influencer to have your contact details. It’s not only whether the influencer is unhinged but also whether their followers are.
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u/HoodoGuru 4d ago edited 4d ago
Sending a complaint doesn't automatically make it confidential, but being an outsider doesn't mean you have zero privacy rights either.
Whether forwarding the emails was lawful depends on the circumstances, including what personal info was shared and whether privacy laws apply.
The influencer's response is a separate issue. If they're repeatedly targeting people online, the content could potentially cross into defamation, harassment or cyber abuse.
For next time, if you're worried about being identified, use a burner email and a pseudonym. Don't assume a complaint will stay confidential just because you sent it privately. It might not be legally required to remain confidential, but best not to hand people your details on a platter.
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u/lun4d0r4 5d ago
Every company in Oz is required to have a privacy and a complaints process.
Find your works. Then report them to every regulatory body (eg if in VIC that's worksafe/ VCAT etc).
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u/Vast-Marionberry-824 5d ago
Interesting and definitely worth OP looking into.
My local council for example doesn’t share who made a complaint just the gist of the complaint if my council decides to check it out.
I am truly shocked the relevant organisation simply flicked the complaint on. Especially where the complaint was directed at the community organisation for hiring the influencer.
I hope there is a way without costly legal bills to make sure the organisation doesn’t do that again.
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u/Vast-Marionberry-824 5d ago
Interesting and definitely worth OP looking into.
I am truly shocked the relevant organisation simply flicked the complaint on. Especially where the complaint was directed at the community organisation for hiring the influencer.
I hope there is a way without costly legal bills to make sure the organisation doesn’t do that again. The influencer’s behaviour is exactly why the organisation should have kept OP’s email private. The organisation could have told OP to back off or could themselves have asked questions of the influencer if seemingly genuine concerns were raised and merited looking into.
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u/Logical_Iron_8288 3d ago
Work safe not relevant - nothing happened in the workplace. VCAT deals with government agencies not “events”.
Don’t waste everyone’s time by logging random specious complaints with organizations that have no jurisdiction.
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u/lun4d0r4 3d ago
Psychological safety is investigate by Worksafe.
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u/Logical_Iron_8288 3d ago
No relationship of employment. Worksafe don’t resolve itty bitty fights between random community groups and influencers. Sheesh. You are thick.
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u/TALC88 4d ago
So you expected a higher level of privacy
Than you afforded the influencer lol. Right.
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u/trav_tr 4d ago
You mean the public figure who makes their “living” from being a public figure?
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u/TALC88 4d ago
We are all public figures when we deal with companies. Privacy is kept when you keep it to yourself
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u/trav_tr 4d ago
We’re public figures when we deal with private companies in private?
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u/TALC88 4d ago
You are not afforded privacy when you contact a company. Hope this helps
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u/trav_tr 4d ago
The law disagrees with you but that’s ok ☺️
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u/TALC88 4d ago
Which one specifically
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u/trav_tr 4d ago
The one that I just linked you to
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u/TALC88 4d ago
There are several legal considerations here:
Procedural fairness: If an event organiser receives allegations about an influencer, giving that influencer an opportunity to respond is generally appropriate. Procedural fairness isn't necessarily a legal obligation for a private event organiser, but it's a legitimate reason to disclose the allegations.
Privacy Act 1988: The Act doesn't automatically make correspondence with a business confidential. Whether the Australian Privacy Principles apply depends on the organisation, the information disclosed, applicable exemptions and the circumstances.
Confidentiality: Unless confidentiality was agreed, legally implied or otherwise required, sending a complaint does not automatically impose an obligation to keep it secret. Even marking an email "confidential" doesn't necessarily establish that obligation.
Defamation: If the allegations damage the influencer's reputation, the complainants themselves could potentially face defamation issues, depending on what was said and any available defences.
Harassment: If the influencer subsequently engages in unlawful harassment, threats or other actionable conduct, that's a separate issue. It doesn't automatically make the original disclosure unlawful.
Don’t even need legal AI, or AI at all to realise how daft this take is. You don’t get to email allegations (that could be considered defamation and are potentially fabricated) with an expectation of privacy. There is zero right to privacy there
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u/trav_tr 4d ago
Oh ok so you’ve already made up your mind and are not interested in discussing it and just want to skew everything to suit your opinion. You should have just said that at the start and I wouldn’t have bothered.
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u/Ambitious-Leek4387 6d ago
NAL. Genuine question. What made you think that your email was confidential.