Get businesses/individuals attacking you/your business PROSECUTED! Here’s how. Sick of being attacked on Facebook? On Google reviews? On Product Review? Tired of having your good name bandied around on so-called “private” Facebook groups? Now’s the time to get your life back.

1. Get the Evidence. Take screenshots. Develop an online alias so you can take screenshots if the offender has thrown you off a group page but is still attacking you on them. Learn how to screenshot on SnapChat and Instagram. If your friend, or another business that you know is being attacked, take screenshots and send it to them so they can take action.

2. Understand what “cyber-bullying” actually means. Without even realising it, you may have been cyber-bullied or  maybe even bullying yourself. Cyber-bullying means:

• posting hurtful messages, images or videos online
• repeatedly sending unwanted messages online
• sending abusive texts and emails
• excluding or intimidating others online
• creating fake social networking profiles or websites that are hurtful
• nasty online gossip and chat, and
• any other form of digital communication which is discriminatory, intimidating, intended to cause hurt or make someone fear for their safety.

3. Know your rights.

a) If it’s a negative review on an “official” site online, there are plenty of ways to deal with this, even if the carrier (eg Google) won’t delete or remove. Qld Gov has an excellent review READ HERE

b) Under the Criminal Code Act 1995 (Cth) it is an offence to use the internet, social media or a telephone to menace, harass or cause offence. The maximum penalty for this offence is three years imprisonment or a fine of more than $30,000. This includes on “private” Facebook groups (like groomers groups, for example).

c) There are also stalking offences in each state and territory. Stalking is a persistent course of conduct by a person against a victim, which intends to make them feel fearful, uncomfortable, offended or harassed. This can occur online (for example, by email or on social networking sites) or text message. There are heavy maximum penalties. Animal Activist attacks on pet businesses are clearly stalking.

d) The Telecommunications Act (Cth) makes it illegal to use a “carriage service” (phones or mobile phones, including data, pictures & SMS) to “menace, harass or cause offence” – and a NSW Chiropractor was recently convicted under this clause. READ THE ACT HERE

e) If the attach mentions your name, OR if it mentions the name of you business where you are the only director, and the comments can damage your reputation, you can sue for defamation. Recent changes to law mean that companies with less than 10 employees can now sue (and be defamed) which is 80+% of Australian pet industry businesses! There is an excellent simply worded note on how to sue for defamation HERE

Here’s a really good reminder on how NOT to accidentally defame others. READ MORE

4. Let them know what you are going to do. If you are SURE you know who is attacking you, send them one single polite LETTER (can attach to email) on your own letterhead. Politely notify them that you are proceeding to brief your soliticor with a view to action under the Telecommunications Act/Crimes Act/Defamation law unless they “cease and desist any further comments in relation to you and your business and remove all offending material in electronic, photo, verbal or written form”  by COB Fri (same week as letter), or you will proceed to court action without further notice.

Whether or not you proceed (and that’s your decision) they have to believe that you will. If it’s serious, get your friendly solicitor to write the letter for you (then they have the cost of getting their solicitor to reply!) . Then if you do proceed, they can’t say they weren’t warned.

5. WHAT NOT TO DO. This is important or you will lose all your rights. DO NOT retaliate with any aggression, make “revenge” bad comments on any social media platforms or reviews, not even as an alias. Not even to your friends – you would be stunned how often your friends send them your comments! Remain gracious and dignified and stick to the facts.

6. Get your Industry Body Involved. Pets Australia and other industry groups can provide advice, assistance and reassurance. We are also pretty good at “stonily polite” responses to businesses that offend you….

DON’T TAKE ATTACKS ON YOUR BUSINESS LYING DOWN. Bullies rely on you not knowing your rights or being too afraid to act on them. But it’s well proven that the way to cope with bullies is to be dignified, know when to respond, and then if you do – PROSECUTE!