A recent ruling from the High Court has underscored the serious implications of defamatory statements made on social media. Justice Deepthi Amaratunga ordered real estate agent Reginald Jokhan to pay $50,000 in damages following defamatory posts made about his fellow agent, Anand Krishna Goundar. The judgment was delivered on November 27 and concluded that the posts on the Land for Sale Fiji page and a circulated email falsely depicted Goundar as dishonest and greedy.
Justice Amaratunga firmly stated that Jokhan’s public posts on platforms like Facebook cannot be considered privileged occasions for making damaging statements. The judge emphasized that public policy opposes such publications, which were not mere comments but severe allegations presented as facts. Jokhan’s claims, which suggested that Goundar inflated prices and misled the public, were dismissed by the court as unfounded. The judge pointed out that Goundar’s pricing strategies were based on a valid Exclusive Agency Agreement.
The court rejected Jokhan’s defenses of fair comment and qualified privilege, stating that the spread of false information cannot be justified. It highlighted the importance of truthfulness in public statements, noting, “There cannot be moral duty to state falsehood or unverified facts.”
Moreover, the ruling pointed out the significant harm that can arise from online platforms, citing Fiji’s Online Safety Act. The judge noted the exponential risk posed by social media, stating, “Facebook has potential to become viral,” which increases the likelihood of reputational damage. Evidence presented to the court indicated that Goundar suffered substantial harm, including financial loss, emotional distress, and marital issues, as a result of Jokhan’s defamatory posts.
As part of the ruling, Justice Amaratunga awarded Goundar $40,000 in general damages and $10,000 in aggravated or exemplary damages, underscoring that such measures are essential to deter reckless online behavior. This case serves as a critical reminder of the responsibilities associated with sharing information on social media and the potential legal repercussions for defamatory comments. Jokhan is also required to pay $3,500 in legal costs within 21 days, reinforcing the court’s commitment to addressing online defamation.