A court case involving allegations of witchcraft and possession of evil spirits is set to proceed, highlighting the serious consequences that can arise from defamatory comments made on social media platforms. Plaintiffs Ana Masikete Fine Mateaki and Jone Lomani Domoni have brought the case against Josese Turagava, Viliame Loukeu, Ateca Ma’ata, and Tikiko Korocawiri, claiming that remarks made in a Facebook Messenger group led to significant emotional distress. They are seeking a public apology, along with general and punitive damages and recompense for their legal fees.
The defendants attempted to have the lawsuit dismissed, asserting that the group messages were private, confined within family circles. Despite these claims, Acting Master of the High Court Liyanage Kashyapa Wickramasekara decided that their arguments were unsubstantiated, allowing the case to move forward. He remarked that the plaintiffs presented a reasonable cause for action and emphasized the need for a thorough trial to address the issues raised.
In his ruling made in Suva on September 11, Acting Master Wickramasekara criticized the defendants’ attempt to dismiss the lawsuit, describing it as lacking substance and misusing court procedures. He cited that the defendants did not meet the necessary legal criteria under Order 18 Rule 18(1) of the High Court Rules 1988 to warrant dismissal. Consequently, the defendants have been instructed to pay $2500 in costs to the plaintiffs within 21 days.
This case highlights the intricate nature of defamation law, particularly concerning private messaging platforms. It serves as a reminder of the serious implications of making defamatory statements, even within closed online groups. The outcome could serve as a critical legal benchmark for how future defamation claims involving private digital communications are addressed, reflecting growing concerns about privacy and personal reputation in today’s digital world.