Arezo Zoe Safi, Identity Misuse, and the Defamatory Submission Targeting Hazaras

Recently, I became aware that some individuals whose names appeared as authors of a notorious submission, one laden with falsehoods, accusations, and hatred against the Hazara community in Australia, have expressed remorse. Some even claim they were unaware that their names had been used at all.

Assuming, for the sake of discussion, that these individuals were indeed unaware of their names being included, there are legal and professional avenues available to address this situation. From a legal perspective, if a person’s name appears on a document, either online or offline, without their knowledge or consent, it raises serious issues regarding misrepresentation and potential harm.

Let’s approach this issue through a legal lens by asking a foundational question: What can a person do when their name is used in a document, online or offline, without their knowledge or consent? What legal options are available, and who might be held accountable?

In this case, Arezo Zoe Safi, a registered solicitor, and her cousin Atal Zahid Safi appear to be central figures in this matter. Both of them are family members of Mohammad Masoom Stanekzai, a prominent Afghan politician who formerly led the National Directorate of Security (NDS) and later served as the acting Minister of Defense and who is accused of persecution of Hazara non-violent demonstrations. Given her professional standing, Ms. Safi is legally authorized to provide advice and represent clients. It is troubling, then, if she and her firm, Safi Legal, are implicated in a document that misuses individuals’ identities.

I looked up online to find out what a person could do if his or her name is used without context. I found out that using someone’s name without consent is not, in itself, a criminal offense under Australian law. But, if that use results in privacy violations, defamation, or identity misuse, there may be grounds for legal recourse. This is where the Privacy Act 1988 becomes relevant:

1. Breach of Privacy
   The unauthorized use of someone’s name, particularly in a document promoting hate or misinformation, may constitute a serious breach of privacy. This is especially true when such use results in personal or reputational harm.

2. Defamation
   If the individuals’ names were used to promote falsehoods or harmful narratives, this could meet the criteria for defamation. In such a case, affected parties could argue that their reputations have been unjustly damaged through false association with the content.

3. Identity Misuse
   While identity theft typically involves financial or criminal fraud, the unauthorized use of a name in a damaging context might still raise red flags. If done deliberately and without consent, it could contribute to a broader claim of identity misuse or misrepresentation.

So, what can be done?

Individuals who find themselves in this situation should pursue a formal complaint under the Privacy Act 1988 or explore legal remedies through a defamation lawsuit. A lawyer can help assess the strength of the case and identify the appropriate legal channels. Given the involvement of legal professionals in this matter, ethical and professional accountability may also be pursued through regulatory bodies. 

In a nutshell, for those whose names were used without their consent in this harmful document, the law may provide a path to restoring their reputations and seeking justice. Pursuing action against those responsible, especially if they are legal practitioners, could also help prevent future misuse of others’ identities.