Hi there. The situation you have described raises several legal issues.

Defamation

The content of the reviews being posted may amount to defamation. For a statement to be considered ‘defamation’, it must:

1. be published (i.e. communicated) to at least one person through words or images;
2. identify the defamed person or organisation, either directly or through implication; and
3. be 'defamatory' (i.e. convey a meaning that lowers the reputation of a person or business in the eyes of a reasonable person, or cause the person or business to be despised, ridiculed or avoided by the general public).

If all three of these requirements exist, it is likely that the defamed person or organisation will have a right to sue the publisher. Note that the publisher may have a legally-recognised defence. Generally, it is a defence if the defamatory material is substantially true, if it is a fair comment on a topic of public interest, or the information is not very important and unlikely to damage reputation. This is not an exhaustive list and the publisher’s possible defences will depend on the specific situation.

If a person is being defamed, the first step would be to contact the person making the statements and issue them with a ‘cease and desist’ letter. The situation becomes a lot more difficult if the identity of the person making the statements is not known. You should start by contacting the website or platform where the reviews are being published. Most public websites have policies or ‘terms of use’ that regulate how users interact with the website, including the posting of comments. You may find that the website has a complaints or dispute resolution process available where the content of material being published is defamatory or otherwise inappropriate.

If the website is unwilling to help, you may have the option of obtaining a court order requiring the website’s operators to cooperate with you. Obtaining such a court order is a complicated process that would require expert legal assistance. Furthermore, even if you get the court order, there is no guarantee that it would reveal the identity of the person making the defamatory statements or that the person would be found liable for defamation.

Stalking and harassment

Stalking is a criminal offence. It can include intimidation and harassment, either online or in person. For intimidation or harassment to amount to stalking, it must be the sort of behaviour that would normally cause a person to feel intimidated or afraid, or cause a person serious harm. Behaviour is not stalking if it is part of an industrial relations dispute, a political or genuine public dispute, or related to public interest or legitimate business matters.

Without knowing the content of the anonymous reviews about you and your business, it is not clear whether they are sufficiently serious to amount to stalking. If they are sufficiently serious, you should contact the police and ask them to investigate the matter. The police will weigh up various legal and operational factors before deciding to investigate a matter, so they may not always agree to investigate or prosecute something on your behalf. If you are unhappy with the police’s response, you can lodge a formal complaint via the Queensland Police website (www.police.qld.gov.au).

Suggested way forward

You should start by contacting the website or platform where the reviews are being posted and ask them to investigate or resolve the matter (e.g. by blocking the user). If this is unsuccessful, you will need to speak to a lawyer who can properly assess your situation and advise you of the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced immigration lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.