A Suva man better known on TikTok as X-Kon has been given an eight-month prison sentence that is wholly suspended for two years after pleading guilty to making derogatory online remarks about Information Minister Lynda Tabuya in September last year. Justice Daniel Goundar on Tuesday said the offence was serious and required a penalty that both denounced the conduct and deterred others from using social media to vilify and humiliate public figures.
Lui Vuibureta admitted to posting harmful and derogatory comments about Minister Tabuya on the TikTok platform. Justice Goundar identified the extremity and targeted nature of the language as aggravating factors, noting the remarks had caused "real suffering" to the minister. The judge said the sentence needed to send a clear message that broadcasting abusive words to large audiences carries tangible consequences.
At the same time, the court recorded a number of mitigating circumstances. Vuibureta is a first offender, the incident was a single episode, he has shown good prospects for rehabilitation, and strong family support was noted. The judge also took into account that Vuibureta had spent time in remand. On that basis, Justice Goundar concluded the objectives of denunciation and deterrence could be met by recording a conviction and imposing a short prison term that would be wholly suspended, rather than ordering immediate custody.
As part of the sentence, Vuibureta was ordered to pay a $1,000 fine within one month. The court warned that failure to pay would result in three months' imprisonment. Justice Goundar emphasised that the sentence affords Vuibureta the opportunity to show the episode was an isolated lapse in judgement and to demonstrate responsible online behaviour to his family and the wider community.
The ruling comes amid increasing public and official attention to online harassment in Fiji. In recent weeks authorities have intensified probes into targeted online abuse in other spheres, prompting warnings from sporting bodies and police about the misuse of social media to intimidate or spread false information. Justice Goundar’s remarks underline a broader judicial and societal effort to curb abusive conduct online, particularly when directed at women and those in public office.
With a conviction recorded and the custodial term suspended for two years, Vuibureta will avoid immediate imprisonment provided he complies with the court’s conditions and pays the fine. The sentence signals the courts’ approach to balancing denunciation of harmful online conduct with considerations of rehabilitation for first-time offenders.
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