The High Court has ruled that a woman may pursue a Writ of Summons to contest whether the police exceeded their authority when they charged her for posting anti-vaccination content on Facebook.
Nanise Vucago is facing five counts of malicious acts under section 15(a) of the Public Order Act 1969, after she advised the public in a video of their right to refuse vaccination.
Justice David Tuiqereqere noted that while there are several laws limiting an individual’s right to free speech, such as defamation laws and the Public Order Act, which prohibits the use of language that could incite public disturbance or spread false information, the central issue is whether the police acted beyond their powers in charging Vucago.
He stated, “The question here, as I see it, is not whether the police have infringed Ms. Vucago’s right to free speech, but whether they have acted outside their powers when they charged Ms. Vucago.”
Justice Tuiqereqere concluded that Vucago should formally present her complaint through a Writ of Summons detailing her claims.