Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Facebook: taking defamation to new platform in SVG
News
January 23, 2015

Facebook: taking defamation to new platform in SVG

Being sued for defamation is nothing new to the citizens of St Vincent and the Grenadines. According to members of the legal fraternity, as many as six defamation cases are heard on a weekly basis in each of the magistrate’s courts across the nation.

What is a new occurrence, however, is the recent surge in the number of cases that are being brought,{{more}} based on comments/statements made via social media – Facebook in particular.

Seasoned lawyer Ronnie Marks, of the law firm of Marks & Marks, said that such cases have been gaining international notoriety within the media over the past few years, and it is now touching regional shores.

“That is a new phenomenon,” said Marks. “We haven’t had that before, and the law was struggling to try to keep up. But there have been several judgements, starting in England with Twitter, and a few Caribbean judgements now.”

He said that he and several of his colleagues have found themselves having to represent such claimants, which in itself is no easy task, because there is a dearth of precedence within the region to support any current Facebook defamation claims.

One legal expert explained that with any defamation case, the claimant’s legal representative has to prove that the comments in question were published, that the words were defamatory, and that it has damaged the claimant’s reputation.

He pointed out that the specific difficulties with Facebook defamation (or any other form of social media) when pursuing a claim lies in jurisdiction, quantifying damages, and length of time comments are able to be viewed by the public.

In terms of jurisdiction, the question arises: in which jurisdiction does one engage the suit, if the location of the servers on which the social media platform is hosted is not the same as that of the person who posted the defamatory statement?

In regard to viewership – unlike print publication – the offensive statement can be deleted, making its reach somewhat finite. However, this only stands if the comment is not widely re-published by other social media users before deletion. If it has been, then the statement will continue to be circulated, despite the original posting no longer being visible.

The legal expert explained that the biggest difficulty is that of quantifying damages – which are awarded to reflect the offensive statement’s reach. That is, how many people have viewed it.

He explained that with print and broadcast media, it is relatively simple to determine viewership (and therefore quantify damages) based on the publication’s distribution. However, this is much more complicated on social media platforms, as not all the ways in which the offensive statement is able to be viewed can be traced.

What then often happens is that the damages awarded to the claimant do not cover how much he/she spent in pursuing the case.

“The sad thing about that is that’s why defamation sometimes… defeats the purpose,” he lamented.

He further mused that in the grand scheme of things, traditional defamation cases in SVG more commonly involve members of the same rural community “where everybody knows everybody.

“There’s a nice camaraderie that comes with that [living in a close community], but also familiarity breeds contempt!” he asserted.

“Philosophically… this whole concept of the global village on Facebook where everybody is butting up against one another has now made the Internet that village… Facebook, I’m sure is a useful tool but it is being abused.”

In an interview with SEARCHLIGHT, lawyer Zhinga Horne-Edwards said that in November 2014, judgement was passed at Kingstown Magistrate’s Court in favour of one of her clients (who was defamed via Whatsapp group messaging) – with damages limited to $15,000.

She warned that people need to be more careful about what they post on social media, and that they are being lulled into a false sense of security believing that by simply deleting the offensive statement, they will avoid action being taken against them.

“People are a little naive… thinking they are shielded by Facebook,” chided Horne-Edwards. “Facebook has an even wider circulation than newspapers.”

Marks also added: “Just by basic principle, it must be very wrong for you to destroy someone’s character by whatever means. It’s even worse now with the social media because… it’s a wider audience. The extent of the publication is even worse!”

  • FacebookComments
  • ALSO IN THE NEWS
    Walters receives lively send off
    Front Page
    Walters receives lively send off
    Webmaster 
    November 4, 2025
    Former parliamentarian and government minister, Selmon Walters was laid to rest on Saturday, November 1, 2025 after a lively home-going service at the...
    Dr Gonsalves calls for vigilance from ‘Labour Warriors’
    Front Page
    Dr Gonsalves calls for vigilance from ‘Labour Warriors’
    Webmaster 
    November 4, 2025
    Leader of the governing Unity Labour Party (ULP), Dr. Ralph Gonsalves has called on supporters of the party to be vigilant in this heightened campaign...
    Front Page
    Dr Friday spells out promises once NDP elected
    Webmaster 
    November 4, 2025
    Two VAT-free (Value Added Tax) shopping days; a one-time 50 percent concession on vehicle duties for public servants with 10 or more years of service;...
    Vincentian NYPD officer dies days after Brazilian Butt Lift surgery
    Front Page
    Vincentian NYPD officer dies days after Brazilian Butt Lift surgery
    Webmaster 
    November 4, 2025
    A Vincentian American woman who was found unresponsive in a hotel room in Colombia and rushed to the Fundación Valle del Lili Hospital on Thursday, Oc...
    Front Page
    Men shot in alleged shootout in Layou hospitalised
    Webmaster 
    November 4, 2025
    The Central Leeward town of Layou, where residents are no stranger to gunshots, erupted with gun shots on Sunday, November 2, 2025 around 8:00 p.m. an...
    Melissa hit countries get help from IICA Emergency Fund
    Front Page
    Melissa hit countries get help from IICA Emergency Fund
    Webmaster 
    November 4, 2025
    The Director General of the Inter-American Institute for Cooperation on Agriculture (IICA), Manuel Otero, has set up an emergency fund to assist the a...
    News
    Teen who stole from Massy while wearing stolen Corea’s shirt on remand
    From the Courts, News
    Teen who stole from Massy while wearing stolen Corea’s shirt on remand
    Webmaster 
    November 4, 2025
    A teenager, who stole a Corea’s shirt from someone’s clothes line, and wore it in Massy Stores where he allegedly stole more than $100 worth of items ...
    Man remanded for  beating his baby’s mother
    From the Courts, News
    Man remanded for beating his baby’s mother
    Webmaster 
    November 4, 2025
    A young man who beat his baby’s mother in her face with a stick, and struck her brother while he was defending her, was remanded pending sentencing. J...
    Dr. Friday urges ‘Don’t sit on  the fence’
    News
    Dr. Friday urges ‘Don’t sit on the fence’
    Webmaster 
    November 4, 2025
    Leader of the Opposition New Democratic Party (NDP), Dr. Godwin Friday wants the people of St Vincent and the Grenadines to have full confidence in th...
    New Invest SVG site available to host events
    News
    New Invest SVG site available to host events
    Webmaster 
    November 4, 2025
    Persons who want access to a top-class venue for the staging of their events now have access, at a price, to Invest SVG’s newly developed facility on ...
    Madungo, more than food to the nation – Gonsalves
    News
    Madungo, more than food to the nation – Gonsalves
    Webmaster 
    November 4, 2025
    Madungo, derived from the residue of the arrowroot starch, is more than just food. “It is something steeped in our history, in our society, to which w...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok