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
      • Privacy Policy
      • 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
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Judge rules: Facebook users will pay for defamatory posts
News
February 9, 2018

Judge rules: Facebook users will pay for defamatory posts

PORT-OF-SPAIN, Trinidad – A woman who published defamation claims about a family on Facebook, will have to compensate her victims.

On Monday, Justice Frank Seepersad ruled that Jenelle Burke had made a series of unsubstantiated libellous statements that caused the family to suffer “shame and embarrassment,” since those statements were false and may have been seen by thousands.

Burke published posts stating that the family was engaged in incestuous activities.

The messages stated that the father of the family was a rapist, who would engage in sexual relations with his stepson and daughter, who is a minor. Telephone numbers belonging to the family members, as well as their photographs, were attached to the posts. One of the posts also stated that the minor, who was seven years old at the time, was involved in prostitution at her school.

At the court hearing before Justice Seepersad, the family members denied that such activities had ever taken place.

The posts even resulted in officers of the Child Protection Unit visiting the family on one occasion to carry out investigations into the allegations which they eventually found to be untrue, the mother of the family testified.

According to their claim, the family was once friends with the woman, but because of a dispute, she began making continuous insulting remarks towards them. A number of police reports were made but, the insults continued.

In February 2016, the family first became aware of the Facebook posts on Burke’s page, before they took screen shots of them and printed copies, which are being used as evidence in the case.

In her defence statement, Burke admitted that the messages were posted on her wall, but denied she was the one who did so. She contended it may have been placed there by someone else who may have had access to her account. She said as soon as was saw the posts on her page, she deleted them.

Burke, however, chose not to go into the witness box to be cross-examined by attorneys for the family.

In delivering judgement in the Hall of Justice, Port of Spain, Seepersad stated: “The damage which social media postings can have is significant, as the disseminated material creates a perpetual imprint in cyberspace and there is no deletion or rectification which can be effected with respect to information uploaded to the World Wide Web, quite unlike a print copy of a book or newspaper, the copies of which could be destroyed.”

He said: “The reach and permanency of social media is such that extreme caution has to be exercised by its users. The law needs to be pellucid, so that all concerned must understand that social media use has to be engaged in a responsible way. Anonymity cannot obviate the need to be respectful of people’s rights and users cannot recklessly impugn a person’s character or reputation. Words in any form or on any forum, matter and must be used carefully and not impulsively. Within the public purview there is a misguided perception that the interaction over social media with flagged friends, whether on Facebook, Twitter, Whatsapp, Viber, is private. This notion has to be dispelled. Such communication, once uploaded, becomes public and the said communication enjoys no cover of privacy protection. The advent and continued use of social media now results in a circumstance where the rules, regulations, rights, and responsibilities which govern traditional media must be applied. Social media ought not to be viewed as an unregulated media forum and anyone who elects to express views or opinions on such a forum stands in the shoes of a journalist and must be subjected to the standards of responsible journalism which govern traditional media.”

Justice Seepersad said that in the case, the defendant did not dispute that the posts were on her Facebook account, but she ran the “Shaggy defence” by saying “it wasn’t me”.

Her pleaded case outlined that the account was set up in 2010 by named parties who all had access to same. She said that she did not publish the posts, but removed same when they were brought to her attention. Social media accounts must be jealously guarded, just like a bank account and access to same should be restricted, as it is a forum where views expressed will normally be attributed to the owner of the account. One must be mindful that although the account is private, the posts emanating from the account occupy a public space and the content of these posts will be subject to public opinion and scrutiny, as will the persons to whom the posts refer. Inevitably, if what the posts contain are malicious falsehoods, then those falsehoods can translate to real-world damage to someone’s reputation. A word of caution is also extended to those who knowingly republish or “share” posts containing defamatory content. There must be some measure of restraint, if only to reconsider the accuracy or plausibility of truth in a post before its dissemination, which is especially true of sensational and outrageous posts which can possibly cause irreparable harm.”

Justice Seepersad described Burke’s Facebooks posts as reckless and scandalous.

He said:” It is difficult to fathom how any rightthinking member of society would contemplate to publish words such as those posted on the Defendant’s Facebook account. Sadly however, far too often, social media is used as a forum to engage in this type of irresponsible and cruel discourse. This state of affairs cannot continue unabated and the Court therefore has elected to mould and apply the common law in a manner which gives some degree of protection to citizens. There is entrenched in local parlance the phrase, “You will pay for your mouth.” Given the technological revolution which now characterizes modern life, this traditional phrase has to be subject to an update and all social media account holders need to understand that they may now have to “Pay for their posts,” if it is established that their posts are defamatory.”

Justice Seepersad ruled that Burke pay to her victims damages and costs, which shall be assessed by

a Master in Chambers at a later date. (Trinidad Express)

  • FacebookComments
  • ALSO IN THE NEWS
    Brit nabbed at AIA fined $60,000 for cocaine
    Front Page
    Brit nabbed at AIA fined $60,000 for cocaine
    Webmaster 
    March 27, 2026
    A 19- year- old citizen United Kingdom citizen who was nabbed with cocaine at the Argyle International Airport (AIA) was fined a total of $60,000 for ...
    No official report of local fishers accosted by US Coast Guard says National Security Minister
    Front Page
    No official report of local fishers accosted by US Coast Guard says National Security Minister
    Webmaster 
    March 27, 2026
    There has been no official report that Vincentian fishermen plying their trade in this country’s Exclusive Economic Zone were accosted by United State...
    Opposition Leader rebukes Education Minister over remarks about teachers
    Front Page
    Opposition Leader rebukes Education Minister over remarks about teachers
    Webmaster 
    March 27, 2026
    Former Prime Minister Dr Ralph Gonsalves, has taken issue with recent statements made by Minister of Education Phillip Jackson about teachers. Speakin...
    Three violent deaths in three days
    Front Page
    Three violent deaths in three days
    Webmaster 
    March 27, 2026
    Three men were violently killed in three days in three separate incidents in St Vincent and the Grenadines (SVG), bringing the homicide count to 10 fo...
    Assistant Police Commissioner warns about “romanticising disorder”
    Front Page
    Assistant Police Commissioner warns about “romanticising disorder”
    Webmaster 
    March 27, 2026
    Adults across St. Vincent and the Grenadines (SVG) have been urged to take early warning signs of bad behaviour in children seriously, warning that ig...
    Barrouallie man charged in chopping death of Mont-I
    Front Page
    Barrouallie man charged in chopping death of Mont-I
    Webmaster 
    March 27, 2026
    A Barrouallie man is now on remand after he was charged with the chopping death of soca artiste and well-known social media personality, Mont-I. Keon ...
    News
    Government says students not returning after studies is worrying
    News
    Government says students not returning after studies is worrying
    Webmaster 
    March 27, 2026
    There is a worrying trend in St Vincent and the Grenadines (SVG) where students who leave these shores to pursue studies overseas are not returning, c...
    History of SVG sold out at Launch
    News
    History of SVG sold out at Launch
    Webmaster 
    March 27, 2026
    The launch of Volume One of ‘St.Vincent and the Grenadines: A General History to the Year 2025’ was well received by the Vincentian public as almost 3...
    No truth to it, says Minister of Higher Education
    News
    No truth to it, says Minister of Higher Education
    Webmaster 
    March 27, 2026
    Minister of Higher Education, Terrance Ollivierre has refuted claims that Vincentian university students are being disadvantaged due to the non- payme...
    Taiwan to help boost SVG’s National Security
    News
    Taiwan to help boost SVG’s National Security
    Webmaster 
    March 27, 2026
    The national security mechanisms in St Vincent and the Grenadines (SVG) are expected to benefit as a result of policy visits made to the National Poli...
    Technical Institutes Promote Hands-On Training Amid Participation Concerns
    News
    Technical Institutes Promote Hands-On Training Amid Participation Concerns
    Webmaster 
    March 27, 2026
    Other than the Division of Technical/Vocational Education of the St Vincent and the Grenadines Community College (SVGCC), there are five technical Ins...

    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