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
    Villa woman in  hospital after being stabbed over 20 times
    Front Page
    Villa woman in hospital after being stabbed over 20 times
    Webmaster 
    September 9, 2025
    Police are said to be carrying out investigations into the stabbing of Rafia Sardine, a 20-year-old female of Villa. Reports are that Sardine, a FLOW ...
    RSVGPF most hacked of gov’t agencies
    Front Page
    RSVGPF most hacked of gov’t agencies
    Webmaster 
    September 9, 2025
    In St Vincent and the Grenadines (SVG), an analysis has found that the most hacked government entity was the Royal St Vincent and the Grenadines Polic...
    Event staged locally to mark Africa/ Caricom Day
    Front Page
    Event staged locally to mark Africa/ Caricom Day
    Webmaster 
    September 9, 2025
    Leaders of Governments and institutions from countries of the Caribbean Community (CARICOM), and the continent of Africa, gathered at the weekend for ...
    PM, proud of his constituents
    Front Page
    PM, proud of his constituents
    Webmaster 
    September 9, 2025
    Prime Minister, Dr Ralph Gonsalves, is proud of the persons in his constituency who continue to aim for higher education. Dr Gonsalves is the parliame...
    Van conductor to be sentenced for beating pregnant ex-girlfriend
    Front Page
    Van conductor to be sentenced for beating pregnant ex-girlfriend
    Webmaster 
    September 9, 2025
    A van conductor, who beat his five- months pregnant ex-girlfriend after she refused to get back with him, has been remanded pending sentencing. Onez J...
    King selected again for the ULP in West St George
    News
    King selected again for the ULP in West St George
    Webmaster 
    September 9, 2025
    To the haunting timeless reggae melody of Jimmy Cliff’s classic ‘Journey’, Curtis King, who was selected as the candidate for the Unity Labour Party (...
    News
    King selected again for the ULP in West St George
    News
    King selected again for the ULP in West St George
    Webmaster 
    September 9, 2025
    To the haunting timeless reggae melody of Jimmy Cliff’s classic ‘Journey’, Curtis King, who was selected as the candidate for the Unity Labour Party (...
    Steel wielding Lowman’s Hill man to be sentenced tomorrow
    From the Courts, News
    Steel wielding Lowman’s Hill man to be sentenced tomorrow
    Webmaster 
    September 9, 2025
    A Lowman’s Hill man who struck another villager in his head with a piece of steel will know his fate tomorrow, September 10, 2025. Kevin Roberts, 25, ...
    Minister of Information Technology  emphasises the importance of Cybersecurity
    News
    Minister of Information Technology emphasises the importance of Cybersecurity
    Webmaster 
    September 5, 2025
    Robust cybersecurity must be at the heart of the digital transformation that is currently taking place in St Vincent and the Grenadines (SVG) says Min...
    Entities team up to boost disaster communication capacity
    News
    Entities team up to boost disaster communication capacity
    Webmaster 
    September 5, 2025
    The Climate Change Resilience Network (CCRN) in collaboration with the Youlou Radio Movement (YRM) recently embarked on a disaster preparedness initia...
    Ministry of Health to get more dialysis machines
    News
    Ministry of Health to get more dialysis machines
    Webmaster 
    September 5, 2025
    The Ministry of Health, Wellness and the Environment, is to obtain three more Heamodialysis machines as part of the revolution in the healthcare secto...

    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