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
    Front Page
    PM Dr Friday commits to working with Caricom Heads
    Webmaster 
    February 27, 2026
    PRIME MINISTER, Dr. Godwin Friday at his first meeting of the Caribbean Community (CARICOM) Heads of Government expressed his delight to be at the “vi...
    Front Page
    Admiral formally ceases ferry operations
    Webmaster 
    February 27, 2026
    ADMIRAL FERRIES Ltd Management and Directors has formally announced the cessation of all ferry operations, effective today, Friday, February 25, 2026....
    Front Page
    Several new Board members with criminal accusations
    Webmaster 
    February 27, 2026
    THE LIST OF PEOPLE that make up the Boards of Statutory and Quasigovernment bodies has on it, at least two persons with pending criminal matters. The ...
    Front Page
    Leacock promises cocaine amnesty; ‘don’t touch it’, says Dr Gonsalves
    Webmaster 
    February 27, 2026
    SEEN AS “A SOFT TOUCH to what could be a hard and serious problem,” Minister of National Security and Deputy Prime Minister St Clair Leacock, announce...
    Front Page
    Jarvis said he gave no permission to publish his works
    Webmaster 
    February 27, 2026
    JUNIOR JARVIS, an inmate at His Majesty’s Prison (HMP), who is the main contributor to the publication “Written: Poetry and Prose by Inmates of His Ma...
    Front Page
    NIS Celebrates Pensioners
    Webmaster 
    February 27, 2026
    THE NATIONAL INSURANCE SERVICES (NIS) hosted its annual Pensioners’ Appreciation Day on Friday, February 20, 2026, at their headquarters in Kingstown,...
    News
    News
    Local fishers were ‘close’ to drone strike Commander Deon Henry
    Webmaster 
    February 27, 2026
    SEAFARERS, including fishermen are being urged to report suspicious activities while at sea, including the presence of go-fast boats/pirogues with hig...
    News
    Opposition receiving a ‘tsunami of complaints from poor people’ – Gonsalves
    Webmaster 
    February 27, 2026
    LEADER OFTHE OPPOSITION, Dr. Ralph Gonsalves, reported during his Wednesday morning February 25, 2026 talk-show, that he has been receiving over the l...
    News
    HIV and STI awareness efforts intensified during ‘Month of Love’
    Webmaster 
    February 27, 2026
    DURING FEBRUARY’S month of love, United Nations (UN) agencies in St Vincent and the Grenadines (SVG), together with the government and local non-gover...
    News
    SVG receives equipment to manage Sargassum
    Webmaster 
    February 27, 2026
    STVINCENT AND THE Grenadines (SVG) is among five Caribbean countries that received equipment under the Improving National Sargassum Management Capacit...
    News
    Lai awards top honour to Ambassador Bowman
    Webmaster 
    February 27, 2026
    PRESIDENT WILLIAM LAI yesterday bestowed one of Taiwan’s highest honours on Saint Vincent and the Grenadines (SVG) Ambassador Andrea Clare Bowman, in ...

    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