A ruling from High Court Judge Justice Deepthi Amaratunga has clarified the responsibility of individuals using social media platforms like Facebook, emphasizing that these platforms do not offer a shield for harmful statements. In a decision made public on November 27, the judge ordered real estate agent Reginald Jokhan to pay $50,000 in damages for defamatory posts directed at fellow agent Anand Krishna Goundar.
The court found that a series of posts by Jokhan on the Land for Sale Fiji page, along with an exclusive email, falsely characterized Goundar as dishonest and greedy, reflecting malice on Jokhan’s part. Justice Amaratunga asserted that the defendant’s use of public platforms did not grant him the privilege to disseminate harmful statements, as public policy opposes such actions.
The judgment clarified that the allegations made by Jokhan were not legitimate critiques but rather serious claims stated as factual. Notably, claims suggesting that Goundar inflated property prices and misled the public were dismissed as baseless, as the court confirmed that the pricing was consistent with a valid Exclusive Agency Agreement.
Justice Amaratunga emphasized that when it is established that the allegations are incorrect, claims of privilege do not stand. The judgment highlighted a broader concern regarding the impact of online statements, referencing Fiji’s Online Safety Act and the heightened risk of reputational harm in a digital age. “The potential for Facebook posts to go viral results in exponential damage,” the judge pointed out, urging caution against using social media for defamation.
Evidence presented at the hearing showed that Jokhan’s posts inflicted significant reputational harm, financial losses, emotional distress, and even affected Goundar’s personal relationships. The court awarded $40,000 in general damages along with an additional $10,000 for aggravated or exemplary damages, underscoring the need for deterrence against irresponsible online behavior that can have far-reaching consequences. Furthermore, Jokhan was instructed to cover $3,500 in costs within a 21-day period.
This case serves as a pivotal reminder of the responsibilities that accompany the use of social media, reinforcing the idea that harmful content can have serious repercussions, not only for the individuals targeted but also for the broader community that relies on credible and truthful representations in professional spaces.
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