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Zephania Waks Threatens Us With A Defamation Suit

December 12, 2013 – 9:43 am19 Comments

By Alex Fein (Editor): defamation2I received the email below from Zephania Waks. It threatens us with a defamation suit, despite my best efforts to moderate fairly, unless I offer him a public apology. It is important to note that to the best of our knowledge, Mr. Waks has not sought legal action against Facebook, on which far worse comments remain to this day. At Galus, the little revenue we have sought and received goes to keeping us online. I do this job voluntarily. I’d therefore be interested in any offer of assistance – legal or otherwise – in the matter concerning Mr Waks. Please note: any comments of a personal or insulting nature regarding Zephania Waks or his family will be summarily deleted and the commenters suspended. Please do not make my job any harder by posting them. Zephania Waks’s lawyer writes (subject line: “Galus Australia [sic]”) “Dear Ms Fein Mr Zephaniah Waks has brought to my attention the following defamatory post from the Galus Australia website (from on or about 5 December 2013): “[content of comment removed] I am also aware that you have subsequently removed the post and apparently banned the person who made the comment from providing future posts/comments to Galus Australia. Please take note of the following: 1.     As the publisher and moderator of the Galus Australia website, you are liable for defamatory posts made by your readers (whether anonymous or otherwise); 2.     Your practice of editing/removing defamatory posts after complaints are received does not alter your liability for their original publication. In light of the above, you should amend your publishing policy and moderate comments before they are posted.  Failure to do so will leave you exposed to legal liability for your past (and any future) publication of defamatory material on Galus Australia. On behalf of Zephaniah Waks, I request that a prominent apology to Zephaniah Waks and his family be placed on the Galus Australia website within 7 days (by 5.00pm on Wednesday 18 December 2013).  Further, I request that a draft of the apology be provided to Zephaniah Waks and I (for perusal and comment) by 5.00pm tomorrow, Thursday 12 December 2013. Yours sincerely Anton Hermann Director, Pro Bono”

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