The boy has breached the Undertaking

[diannescruffy]

Via Facebook, he has answered a not so nice quiz about DS. It is not real nasty but just the fact that he has done this proves my initial point about the promise his mother wanted me to accept. An Undertaking is a promise to the Court so how would he keep a promise to me? I will bring this up in Court.

Regards,
Dianne

[kawazuki]

hugs hun

this is just stupid, obvious the boys mum doesn't ahve any influence over him.
if i was his mum id be cutting out any temptation

[LimeSlice]

Totally uncool!

But what on earth is he still doing unblocked from yours or your sons facebook???

[Kazbah]

Totally uncool!

But what on earth is he still doing unblocked from yours or your sons facebook???

Very sucky, but LS has a good point there ...

[Beatrix]

hun what you are doing is facebook stalking...

and is wrong, I know you are only doing it to be protective but it can and will be used against you. Cyber stalking is a big deal now.

You really need to block him

hope this issue is sorted soon

[diannescruffy]

DS has him blocked, a mutual friend of theirs has seen it and told DS.

Regards,
Dianne

[Calluna]

If it's the application I'm thinking of- you answer random questions about random friends and then the friend the question was about gets a post on thier wall.
Hope that makes sense....
So she wouldn't have had to look at his profile to see it. But her DS would have to be friends with the boy.

Dianne- I agree with the others in that you need to block him from yours and DS's accounts though

ETA- guess it's not the one I thought then...

[LimeSlice]

Totally uncool!

But what on earth is he still doing unblocked from yours or your sons facebook???

[PumpkinZulu]

It isn't bullying if your son can't see it, hear it, or be bothered by it.



So as long as he is deleted and blocked, the boy can say whatever he likes about whomever he likes.

I really don't get why people do this - block him, delete him, and move on to the important things - like protecting your home and your son physically from this kid.

yep, agreed 100% And fwiw, deletung him does in fact get rid of all interaction, and keeping him blocked ensures he cannot find or contact your ds.

[AliBaby]

I get what you girls are saying but seeming this boy and his mother have now put in to the courts about Dianne and her DS I would want as much evidence to get a restraining order against him. I dont think any teenage boy or any person wants someone saying **** about them and defaming them around people that are common peers. Bullying is on of those things that even with Dianne's DS blocking and deleting him, this kid is still going to find a way to get to him unless something is done by the court. From Dianne's other threads, this kid is definitely no angel and needs to be dealt with by the courts. The only way to do this is to have evidence. Written evidence is alot clearer and harder to argue against that a he said, she said conversations. Just my opinion

[LimeSlice]

Again though BB, he can say whatever he likes about any one he pleases on his own page, so long as it is not inciting violence.

So given that this 'quiz' was not postd on Diane's wall, her DS's wall or sent to him, then it can't be used as anything other than someone expressing an opinion - it isn't bullying because someone says something nasty about you - it has to be directed TO you.

So long as Diane and her DS have not said or done anything to warrant an intervention order that the woman is seeking, it doesn't matter. Diane has evidence against the boy already, and if Diane's DS has in fact not done anything to inflame the situation or said anything in retaliation, then there is no need for her to be able to disprove anything.

[PumpkinZulu]

Your opinion is totally valid I just do not see the point in keeping him as a 'friend' on fb; to me it seems illogical and akin to adding gas to the flame. I'm no legal expert so I could be wrong, but I'm pretty sure fb lurking is not evidence. I am familiar with the application in question, (at least I believe I am) and it asks generic questions about people on your friends list which you answer in any way you please. This kid does need to be dealt with, I agree, but I'm not sure the court would look all that favourably at evidence that suggest the boy is using a randomized fb application...I'd also think they'd question why you could bother staying 'friends' with him, it just seems more detrimental to all of this than 'useful' or helpful. If the boy is saying mean things about DS, well, he is allowed to, to a certain point. Answering a quizz in a not so nice wayy still seems to me to be within his rights to freedom of speech, unfortunately, as although it was about DS, it was not directed towards him. As LS said, if you cannot see what he is saying, and it is not getting back to DS, it won't affect him.

[AliBaby]

I have recently just recently attended a course about school children, social networking & bullying and this information may surprise you.

It is a very common misconception that people can say whatever they like on their own page about someone else. Defamation does not happen to someones face. If this boy thinks that he can say whatever he likes about someone else on the internt than it’s simply an ignorance of the law. It goes beyond bullying.

Defamation occurs when someone publishes (this isn't just a printed publication but really means saying something in some medium ie. Facebook, my space, twitter, blogs, comments, to two or more people) something that tends to demean another person in the estimation of their peers.

Generally speaking, you are heading for trouble if you publish or otherwise speak about another person in such a way that your expression offends, demeans and generally undermines that person's dignity.

The social web has brought with it a sense that the Internet is a lawless free for all where anyone can say or do anything and so many people (esp teenagers) believe that they are untouchable.

There have been quite a number of cases that have been submisable in court. I will try and find some examples as I dont have my course notes at home with me.

Dianne's DS doesnt have to have him as a friend but it would be helpful to them if they have access to this boys page to see what he is writing about DS while all of this stuff with the courts is going.

[LimeSlice]

I understand what you are saying, but you won't win a defamation case against me simply because I say to someone you know "BB is a crap mum and is ugly" iykwim. Defamation is a civil case, not a criminal offence.

Diane isn't bringing a defamation case, she is seeking an Intervention Order, and simply being unsavoury in answering a quiz on Facebook, unless it is threatening, is not really going to help that case as far as I can see, someone correct me if I am wrong, but unless he threatens him or performs some sort of illegal act, it is irrelevant

ETA: What it does prove is that he is not sincere, not trustworthy and Diane made the right decision in not accepting the offer posed during mediation, so any further offers of such promises should be dismissed without too much more thought.

[diannescruffy]

There is nothing threating about what he posted but one of the conditions of the Undertaking is:

Publishing on the internet, by email or other electronic communication any material about the affected person(s).

To me he has breached this clause.

Regards,
Dianne

[LimeSlice]

There is nothing threating about what he posted but one of the conditions of the Undertaking is:

Publishing on the internet, by email or other electronic communication any material about the affected person(s).

To me he has breached this clause.

Oh, absolutely Diane, it certainly does breach that clause.

[AliBaby]

I think it is relevant if it shows the boys character and I am not saying the quiz itself, more that you want to be able to see what he is doing and saying about DS so that if he does say soemthing threatening or confesses to doing something to Dianne or DS or their home then they will have evidence for this case.

I dont think this boy is going to go away in a hurry. Teenagers can not simply 'block out' what someone is saying about them because they arent reading it or hearing it and it can cause them more harm than good if people say to them 'just ignore it'. Its not something that they are capable or mature enough to do. I would be keeping a file on this kid and including anything and everything relevent to this particular case or not because if it does get worse than Dianne has more ground to stand on.

As for what is admissable in a court, it is considered to be defaming if it falls under one of the below statements:
-An imputation which may tend to cause a person to be hated or despised, or cause them to be treated with contempt by their peers;
-The publication of material that renders a person to ridicule, even if involving humour. The publication of a photograph that contained an optical illusion giving the appearance that someone was guilty of indecent exposure is defamatory;
-Certain caricatures have been held to be defamatory. Determining what is defamatory is notoriously difficult in these matters. The distinction between artistic freedom and defamation will no doubt remain the subject of litigation."

For a defamation action to be successful, it must be established that the communication:-was published to a third person, i.e. to at least one person other than the plaintiff (person/entity defamed).
-identifies the plaintiff, for example, by name or by a reference to a small group of people, etc.
-contains a defamatory statement or imputation (whether intentionally published or not).

[LimeSlice]

I dont think this boy is going to go away in a hurry. Teenagers can not simply 'block out' what someone is saying about them because they arent reading it or hearing it and it can cause them more harm than good if people say to them 'just ignore it'. Its not something that they are capable or mature enough to do.

Sorry, but that statement may be true of some but the blanket statement is just plain wrong. They can block it out, and do it everyday. And those that can't shoudl be taught how to. It is a skill you will need throughout life, not just in high school.