Problematic posts on facebook groups - how not to make things worse

‘Blacklist of building contractors’, “Blacklist of tenants and landlords”, “Blacklist of online shops” or even ’Blacklist of pet sitters’ - are just a few examples of the names among the many Facebook groups used to exchange insights into all kinds of services, the people providing them, their recipients, but also phenomena in the labour or housing market.

A remedy for evil?

When observing the content that appears on groups of this type, it is very common to come across user posts that, in addition to a sophisticated description of the situation, not infrequently indicate by name and sometimes even include an image of the person concerned. In an act of bitterness or anger, the published content notoriously includes terms such as ‘scammer’, ‘swindler’, ‘grandfather’, ‘thieves’, ‘psycho’, not to mention those commonly regarded as abusive.

It is hardly surprising to see the emotions of users whose life, professional or business plans have been complicated or even ruined by the other party's unwanted behaviour. However, by choosing to write and publish a post containing the above elements in the right group, the victim's situation will not change. The flat will still be devastated, the salary will still not be in the account and the animal whose fate is at stake will still not be properly cared for.

A cure worse than the disease

When looking for a way to settle a conflict via a Facebook post on a particular group, one can make the completely wrong assumption that, after all, the keyboard will accept anything. After all, ‘I am the aggrieved party’, ‘I am the one acting in a just cause’. The indicated approach can prove to be very risky on many levels.

Image is the basis of ... a popular entry.

When reinforcing their message in an entry, authors very often go straight to showing the members of the group in question the image of the person about whose behaviour they have concerns. However, this can be fatal. The publication of an individual's image without his or her consent may in itself result in consequences under the provisions on the protection of personal data as well as the Act on Copyright and Related Rights (Article 81(1)). A person's image constitutes personal data and, at the same time, is a personal good subject to protection under two separate legal bases. Unauthorised disclosure of a person's image may give rise to liability for damages under the Personal Data Protection Act (RODO) and the Copyright and Related Rights Act - and this regardless of the purpose for which the image was made public.

‘They cheated me!’

The offence of fraud under the provision of Article 286 § 1 of the Criminal Code is punishable by imprisonment of 6 months to 8 years, while a penalty of 3 months to 5 years can be expected by the perpetrator of the offence of theft (Article 278 § 1 of the Criminal Code). Whether a person has committed a crime is decided by an independent, independent and impartial Court, not by the author of the Facebook post. Until a final judgment is handed down, a particular person is innocent (as the presumption of innocence operates) and accusations made by informal means may constitute the offence of defamation.

Everyone's personal rights

In addition to the above risks, the reckless publication of defamatory posts on Facebook groups may also be met with a reaction in the form of a lawsuit for damages for violation of personal rights. These include values such as privacy, dignity or health. The person to whom the post relates, who is mentioned in the post as being dishonest and untrustworthy to a wide audience, may feel affected by such a description. As a consequence, the original victim may become the infringer and be civilly liable for the damage caused by their online activity.

The right choice of tools

The outpouring of grief and bitterness, and sometimes even rage on the computer keyboard, apart from its strictly therapeutic properties, very rarely brings the expected result in the form of coming to one's senses and even an apology. Apart from a storm in the comments, the conflict can only escalate and lead to the realisation of the risks indicated above. An alternative - much more effective and at the same time not generating these risks - is to use the assistance of a professional attorney who, after analysing the given situation, will select an appropriate type of legal response to it. At the same time, I suggest that Facebook and similar media be left for entertainment, promotion or simple daily ‘scrolling’. This is because they are not a good place for public trials with dishonest people.