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Man falsely accused of abducting Cleo Smith considers legal action
A Western Australian man wrongfully identified as being Cleo Smith’s abductor by the Seven Network said he is considering defamation after spending the last week inundated with death threats online and abuse when he leaves his house.
Naomi Neilson
WA Police Force
In a case of mistaken identity following news that Western Australian child Cleo Smith had been found safe and healthy in a Carnarvon home, 7News shared photos of Terrance Flowers, who goes by his mother’s last name of Kelly on Facebook, and mistakenly identified him as the man who abducted the young girl.
O’Brien Criminal & Civil Solicitors has been engaged by Mr Flowers and his family to represent him in a defamation claim against the Seven Network. In a statement, the firm confirmed that a concerns notice was issued against the Seven Network with a request for a “comprehensive public apology” and compensation for the damage.
“Our client and his family find it incredible that a major media company would proceed with a story of this magnitude without being absolutely certain as to its accuracy. The effect of this substantial error has been devastating,” the firm said.
The Seven Network published unblurred photos of Mr Flowers’ Facebook page and his name across many of its platforms. Because of this breach, the Seven Network could be entitled to pay Mr Flowers more than $400,000 in compensation.
The firm said this was not the first matter that it has taken against Channel Seven involving the inappropriate use of images depicting Aboriginal people. In 2017, it initiated action against the Seven Network for improperly using footage of Aboriginal people as a backdrop for a panel discussion about the abuse of children.
“We aim to achieve justice for Mr Kelly/Flowers and ask that the public respect he and his family’s privacy while this matter goes through the proper process,” it said.
Seven Network has published an apology online: “7News wrongly shared images of a man that were incorrectly labelled as the person under arrest over the disappearance of Cleo Smith. These were removed promptly, but 7News apologises for the error.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
