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Thread ID: 42345	2004-02-08 09:35:00	Email Libel	Blue Druid (4480)	Press F1

Post ID	Timestamp	Content	User
213772	2004-02-08 09:35:00	I have recently been the recipient of a BCC email from a person in Tasmania (known to me) in which I am the subject of some totally false and libelous accusations. I have responded to the sender repudiating the accusations utterly but because the recipients were a BCC list, I am unable to address the issue with anyone else who may have been sent the email. Does anyone have any knowledge of law enforcement or other legal means of: a. Determining the list of recipients and b. What action can be taken to ensure that the sender is brought to task?	Blue Druid (4480)
213773	2004-02-08 11:57:00	Hi there! To the best of my knowledge, I don't think YOU can get that info on the others sent to. How do you know it was sent to any one else? You can send it to some one as a Bcc. From the little I do know I think that when the sender makes the choice of sending it as To:, Cc: or Bcc: the To: and Cc: just make thier merry way but the Bcc: will be sent as if it is the only message sent and not 'part' of another email. So the damming evidence will be on the senders end! Others may say I'm wrong and explain it, but that's the way I understand it work. Hope that helps, or should I say "sorry for that!"? Regards, The Cell	Brain_Cell_Anon (261)
213774	2004-02-08 20:26:00	Agreed. However I have no reason to believe that I was the only recipient since that would have defeated the purpose of the email - to discredit me. My thinking is along the lines of the degree to which law enforcement agencies and/or an Australian ISP might be persuaded to assist. Certainly the sender will know who is on a blind CC list but the very nature of sending a BCC suggests that they will be unwilling to disclose it. Can this be traced through the sender's ISP? Are there any provisions in Australian law which might require an ISP to reveal details if it can be shown that the content of the mail is false?	Blue Druid (4480)
213775	2004-02-08 21:02:00	So what damage has been done to you're reputation,that is being displayed publicly,or in your work place.or is it just your ego that's hurting? Remember sticks and stones..... DD.	dumdum (4965)
213776	2004-02-08 21:15:00	Thank you DD I think I am big enough to take ego knocks . It is an issue that could seriously affect both work and private life and would be of no consequence were there any truth in it . I would already have neither . As it is I have both and do not propose to take threat to either lying down .	Blue Druid (4480)
213777	2004-02-08 22:12:00	Fair enough, It wasn't that long ago that a dude was arrested for sending a malicious email to the american embassy (in thier view anyway), here in NZ , you may recall this.I do know there's a law about sending this type of material, be it by phone or email.Best bet would be to take the offending email to the cops and get there opinion. All the best DD.	dumdum (4965)
213778	2004-02-08 22:18:00	You could try checking to see if the senders ISP has an email address for complaints regarding abuse and harassment, E.G. abuse@xtra.co.nz and contacting them. Many ISP's have a section of their terms and conditions dedicated to acceptable use of their services and may point out some laws that apply. Check out the Citizen's Advice Bureau: http://www.cab.org.nz/ to se if they can help, you also may want to check out the Aussie equivalent because as the letter was sent from Oz different laws may apply. As Dumdum says if it's as serious as you say go straight to the police... This kind of thing really gets my goat, I used to work in Tech Support and every so often some distressed person would ring up with a similar problem, it's becoming more common too. Good Luck anyway, Grev	Greville (4929)
213779	2004-02-09 01:42:00	Nasty stuff Blue. I'd try dancing around your local Stonehenge at midnight and throwing a curse on this evil individual. Apart from that, there is a section in the Crimes Act dealing with criminal libel. Try the Police but this is a rare charge. Otherwise you have to sue this person. Either in Oz or in NZ. You need specialist legal advice and frankly, a sound bank account. Defamation cases are not for the fainthearted or those of average wealth. Cheers Winston001	Winston001 (3612)
213780	2004-02-09 02:02:00	It's good for lawyers. :D Ring, Ring, go the cash registers. :D Does criminal libel still exist? I thought it had been wiped.	Graham L (2)
213781	2004-02-09 02:07:00	Hi Win. As our resident legal beagle. Is it defamation or libel? AFAIK defamation is not necessarily an untruth just, that it has caused harm or was intended to. Also, AFAIK email is considered a broadcast, whether it goes to one or more recipients, is not relevant. Cross border makes it even more difficult. Cheers Murray P	Murray P (44)
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