# voicemail message slander or libel?



## desperatedan (19 Jun 2008)

Not sure if any of you guys can help here.

The story is in short. 

A senior person in my OH's company has left a voice mail message on our home land line phone, accusing OH of a serious criminal act. 

OH would face serious consequences if this were true.

Of course, the allegation is provably untrue.

I want to take action regarding this, and have made arrangements to have the message recorded for permanent storage, so that it will not be deleted by our telecom supplier.

This is our home phone, not a work phone. The message has been heard by myself and our children, as voicemail can be retrieved by any family member.

The account is in my name, not OH's.

Do I have any remedy in Law?


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## j26 (19 Jun 2008)

Doubt it, defamation is a false statement that is published that tends to lower a person in the eyes of others.

It would be hard to argue that it was published as the only people hearing it are you and the children (if your children are adults, then it might be arguable).  It would also be hard to argue that since you heard it that it has lowered your OH in your eyes.  There's also the possibility that it's true, in which case there is no defamation at all.

It would be no harm to keep the recording safe anyway, as it might come in useful in an unfair dismissal case or something like that (think harassment, bullying etc).


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## FredBloggs (19 Jun 2008)

Is it worth your while going to your solicitor with the recording?


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## desperatedan (19 Jun 2008)

Thanks for the replies j26 and FB.

Although I refer to children, they are both adults, actually over 21's.

OH is very upset, as these allegations do refer to a criminal act being carried out in the course of her duties for her employer.

She is currently off sick, not due to this, but this message was left during her illness by this person.

Just found this definition on another site:



> An actionable defamatory statement has three ingredients:
> 
> * it must be published,
> * it must refer to the complainant and
> * it must be false.



Is there anything there to help clarify whether this is actionable or not?

BTW, I think I will take this to a Solicitor for a definitive ruling.


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## j26 (19 Jun 2008)

Go see a solicitor then.

If the children are adults there might be an arguable case, and a lot more information would be required to give you proper advice.


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## WaterSprite (19 Jun 2008)

I think I found the website you looked at and it also says: 

"In order to prove publication, it is only necessary to show that one person received the communication and that his opinion of the subject was lowered as a result. A jury may, however, take into account the extent of publication when considering damages."

If there was no lowering of opinion, then the defamation route is not likely to bear fruit.

OH should consider dealing with this as an employment grievance - depending on past behavior, it could also amount to bullying.  Would be worth raising this with your solicitor if you are asking about defamation.

Sprite


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## sam h (19 Jun 2008)

What does your wife want to do?  Is it something she would want to follow through the courts with?  Is she planning on going back to work?

I'd agree it is unacceptable for the manage to call & leave such a message (VERY unacceptable) but there may be more information available if she arranged a meeting with a more senior manager at work (she she should bring a witness with her)


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## hope4711 (19 Jun 2008)

A defamatory statement doesn't have to lower your reputation it just needs to be a statement which tends to lower a person in the eyes of persons.

Yes you have a case for defamation - leaving a voicemail message which is defamatory is actionable.  That said, as another poster pointed out damages will be governed by the extent of publication so one has to wonder whether the cost of defamation proceedings (very considerable) makes it worthwhile to pursue.


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## WaterSprite (19 Jun 2008)

Hope - sorry, yes of course you are right - actual lowering of opinion needn't be proved.  

As to the extent of damages, a quick look-see at the Albert Reynolds or Bev Coop-Flynn cases will probably tell OP what the likelihood of getting damages would be.  And those related to widely published allegations... 

It sounds like OP is annoyed, upset and insulted by the call (no wonder) and wants somehow to "right the wrong".  OP, what is it you are after?  An apology?  I'd imagine that could be forthcoming but how hard you push this will obviously affect your OH's relationship with work.  My opinion is still that a defamation suit is not the way to go.

Sprite


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## desperatedan (19 Jun 2008)

Thank you all for your views and opinions. It is much appreciated.

We now have enough information to make us feel that further legal advice is warranted.

I am really sorry that I cannot go into the details further, as it would not be in the interests of my OH to do so. 

She is really ill as already mentioned and may not be able to return to work in the short-term, if ever, depending on medical advice. I reiterate, this is not connected to the message which was left.

As you all can appreciate, it is bad enough to be ill and off work, but to have a senior person in the company ring your home phone and leave a message which accuses you of a criminal offence is surely something else.

I can say that this is a situation of ass-covering by the senior person, who has decided to dump on my OH, in her present vulnerable situation. 

I feel this person must be taught a lesson.

Too much said already.


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## Bronte (20 Jun 2008)

"Of course, the allegation is provably untrue."

OP - What does this mean?


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## rmelly (20 Jun 2008)

I don't think he wats to say anymore on the matter.


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## Welfarite (20 Jun 2008)

Bronte said:


> "Of course, the allegation is provably untrue."
> 
> OP - What does this mean?


 
I'd imagine it means that the allegation can be proven as a false allegation.


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## FredBloggs (20 Jun 2008)

desperatedan said:


> A senior person in my OH's company has left a voice mail message on our home land line phone, accusing OH of a serious criminal act.
> 
> OH would face serious consequences if this were true.
> 
> Of course, the allegation is provably untrue


 
I think you might be better relying on the fact that it was a senior person in your OHs work.  You'll surely have a cast iron case for constructive dismissal and bullying.

You'd want your OH to be 100% honest with you though that they did not do anything wrong.  Remember you're only hearing their side of the story.  But if the allegations are untrue and are as you said "provably untrue" then you're on solid ground.

Definitely get legal advice from a solicitor with a good background in labour law


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## Seagull (20 Jun 2008)

It might also be worth putting a complaint in further up the management chain about this call. If it's an at all decent company, they would want to know about behaviour like this from a manager. I would imagine it's very near to grounds for instant dismissal of the person leaving the message.


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## QED (29 Jul 2008)

Desperate Dan,

Any update on this? I just came accross the discussion. 

I hope OH's health has improved?


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