Bizarre OIA probe after councillor blocks vile abuse on Facebook

Queensland’s council watchdog has accused a councillor of breaching the human rights of a constituent after she blocked him on Facebook to protect herself from racial abuse.

Queensland’s council watchdog has accused a councillor of breaching the human rights of a constituent for blocking him on Facebook to protect herself from a months-long campaign of racial abuse.

Gladstone Regional Council’s Natalia Muszkat said she’d been the subject of intense harassment targeting her character and Argentinian heritage that the embattled Office of the Independent Assessor was now probing her over.

The OIA last week gave her just three business days to provide evidence that would convince the OIA not to determine she had engaged in “inappropriate conduct” by breaching standards of behaviour in the councillor’s code of conduct that requires her to “treat fellow councillors, council employees and members of the public with courtesy, honesty and fairness”.

Gladstone Councillor Natalia Muszkat.

Ms Muszkat said she had only blocked the person over posts in which she was constantly tagged and vilified after complaining to Facebook and being told it was her only option.

But the OIA told Ms Muszkat: “Members of the public, consistent with the Queensland Human Rights Act, should be able to engage with councillors on their official councillor Facebook page on local government issues in a way that is positive, negative or neutral, as long as it is constructive.”

The office said it recognised some members of the public did not engage with councillors on social media appropriately, but asked Ms Muszkat to provide evidence if this was the case.

“I blocked this person because of the constant slander … I blocked him because I wanted to protect myself and my family and that isn’t a breach of his human rights,” Ms Muszkat said.

“Now to add insult to injury, I have this complaint. I ask you, what about my rights?”

Ms Muszkat said there was a variety of other ways the complainant could contact her, including through her office.

“I just don't want him to tag me on Facebook one million times a day,” she said.

The latest case comes as a parliamentary committee examines the operation of the OIA, including whether it’s applying its powers in the public interest and operating in the spirit of legislation following criticism over its actions.

The probe comes after The Courier-Mail revealed a number of bizarre investigations the OIA had undertaken, including that of a Barcaldine councillor who questioned the Covid vaccine rollout in a public council meeting.

Councillor and former State of Origin great Martin Bella was also accused of being unfit for office after going public about injuries he had suffered during a violent assault.

LGAQ chief executive Alison Smith said she supported the role of the OIA but was concerned about instances of overreach.

“Councillors should be able to take measures to protect themselves from in­appropriate online content just like state and federal MPs can and do,” Ms Smith said.

The OIA said its social media guidelines “strike a balance” between the public’s right to political expression and providing support to councillors to protect themselves from unacceptable online behaviour.

Ms Muszkat said she was being treated as guilty until proven innocent.

A statement on Tuesday morning from the OIA confirmed it was looking into the complaint.

“The Office of the Independent Assessor (OIA) is not investigating Gladstone Regional Councillor Natalia Muszkat,” Independent Assessor Kathleen Florian said.

“The OIA has asked the councillor for her side of the story after it received a complaint two weeks ago.

“The OIA is required by law to assess every complaint.”