SA council accused of attempt to ‘muzzle’ residents with legal threats
A regional council in South Australia is threatening legal action against several individuals over posts made on social media.
The City of Whyalla Council retained the services of Kelledy Jones Lawyers to issue several residents with take-down notices over posts made on Whyalla Facebook groups, and to order them to refrain from making similar posts in the future.
Nick Antonio received a take-down letter from Kelledy Jones Lawyers on behalf of the City of Whyalla Council over his Facebook posts and comments. (Supplied: Nick Antonio)
Nick Antonio, who received a letter, said he was appalled the council had spent ratepayers’ money to “silence” him.
“I am deeply disappointed and shocked by the accusations of being abusive, misleading, and offensive in my comments,” he said.
“The attempt to silence my public criticism by the council and its lawyers feels like an infringement on my freedom of speech, especially during these challenging times.
“I felt threatened and harassed by their actions.”
Council chief executive Justin Commons defended the move and said the council had a “moral and legal obligation to protect its staff and elected members from bullying and harassment”.
“The community has a right to question and comment on council activities, and we will always welcome constructive feedback,” he said.
“We will no longer accept individuals making repeated accusations about council and its employees or elected members — through multiple channels — which are offensive and defamatory, or make inferences or assertions that we are doing things that are unlawful or unethical.
“And [we] will take action to ensure this behaviour does not go unchecked.”
Justin Commons has defended the take-down notices. (Supplied: City of Whyalla Council)
The council sent a total of four take-down letters to residents, including admins for the Whyalla Neighbours Facebook group.
In the letter, Kelledy Jones Lawyers said failure to comply would result in the council pursuing its legal options and supporting its “employees and/or elected members in commencing an action under the Defamation Act”.
In the posts, Mr Antonio criticised council’s deputy mayor electoral process as well as how often council employees appeared to be working.
While several posts were deleted from the Whyalla Neighbours Facebook group by admin, Mr Antonio said he would not remove any posts from his personal social media page that were subject to take-down notices.
Defamation law in SA
Under South Australian law, a public body, such as a council cannot sue for defamation. However, individuals within that organisation can privately pursue civil litigation.
Former South Australian senator Rex Patrick called the take-down notices the council sent to residents “extraordinary”.
“It seems to me like it’s designed to threaten, but it has no real substance behind it,” Mr Patrick said.
“Council works for the people of Whyalla and the ratepayers have a right to question, criticise, and praise.
“It’s most inappropriate that the council is using ratepayers’ money to try to muzzle the people of Whyalla.”
Rex Patrick is a former crossbench senator and advocate for greater Freedom of Information laws. (ABC News: Carl Saville)
Tracy Riddle from Kelledy Jones Lawyers said the council could not sue for defamation, but the practice was assisting council with a work, health, and safety issue for employees.
“Anyone attending their workplace should expect to be free to do so, absent such behaviours being directed at them via social media,” she said.
“Whilst the council welcomes interactions with its residents and ratepayers, it takes its work, health, and safety obligations seriously and will not condone such behaviours being directed to its employees and elected members, and will take action, including legal action, as necessary.”
Use of public funds
Member of the Legislative Council Frank Pangallo said public funds should not be used in this way.
He added that it was up to the individuals to pay legal costs.
Independent MP Frank Pangallo raised questions in state parliament. (ABC News)
“If an individual feels that they’ve been defamed, well, then go and see a lawyer,” he said.
“You pay for it and take it from there. Don’t get the council to be paying legal fees for individuals who work for the council.
“Too many councils today are now resorting to going to lawyers that are representing the council, spending a lot of ratepayers’ money on legal letters and threats of action.”
A spokesperson from the LGA declined to respond to questions put to it by the ABC.
“This is a matter for Whyalla City Council and as such, we are unable to provide any additional comment,” A LGA spokesperson said.
Minister for Local Government Joe Szakacs was also contacted for comment.
“We understand Whyalla City Council has sought legal advice on this matter and it would be inappropriate to comment further on the specifics of the claim,” a state government spokesperson said.
“It is important for our democracy that people are able to express strongly held views, but they should always do so with respect for those of others.”
