Hi there. It sounds like you are in a difficult position. The situation you have described may fall under cyber harassment laws.

In NSW, it is a criminal offence to intimidate another person with an intention to cause fear of physical or mental harm. The offence is punishable by a maximum of 5 years’ imprisonment and/or a maximum fine of $5,500. Only the police can prosecute crimes, so you would need to make a formal complaint to the police about your ex-girlfriend’s conduct in order for her to be prosecuted for the alleged crime. Even after you have reported her conduct, you can choose whether you want to press charges.

You may also have recourse under the laws of defamation. You can sue someone for defamation (and obtain compensation) if they publish material, including online, that is of a defamatory nature (i.e. the material has the effect of making ordinary people think less of the person who is the subject of the defamatory publication). However, defamation claims can be very difficult to prove, especially because there are a number of defences that the person who published the information can raise, such as the fact that the information is substantially true. In very serious circumstances, where the defamatory material is false and published with the intent to cause serious harm to the victim, the person publishing the information may have committed a criminal offence under NSW law. Again, only the police can prosecute a criminal matter, so you would first need to report your ex-girlfriend’s conduct to the police.

Your ex-girlfriend’s initial emails are unlikely to constitute threats, intimidation or defamation if they were passive aggressive, and therefore subtle and not severe, and not sent to third parties. However, her posting of comments publicly on Facebook may amount to a criminal offence or defamation if the content is sufficiently serious, intimidating or defamatory in nature.

Furthermore, you are protected by Facebook’s terms and conditions. Posting content or sending messages that infringe someone else’s rights or violates the law is against Facebook’s user policy. If this occurs, you can report the abuse to Facebook and ask them to remove the content. Facebook may disable a user’s account if there is repeated harassment. You may want to consider taking a screenshot of any relevant posts or comments as evidence for any potential legal proceedings you pursue.

Suggested way forward

Your situation raises several important legal issues. You should contact LawAccess NSW on 1300 888 529 or the police as a starting point. Also consider reporting the online abuse to Facebook. If you choose to take legal action for defamation, you should speak to a lawyer who can help you understand and enforce your rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced 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.