A defamation case involving accusations of witchcraft and possession of evil spirits has been allowed to proceed in court. The plaintiffs, Ana Masikete Fine Mateaki and Jone Lomani Domoni, claim that comments made in a Facebook Messenger group caused them serious emotional distress. They are seeking a public apology, general and punitive damages, and recovery of legal costs from the defendants: Josese Turagava, Viliame Loukeu, Ateca Ma’ata, and Tikiko Korocawiri.
The defendants argued that the lawsuit should be dismissed, pointing out that the messages were private, shared only among relatives in a closed group. However, the acting Master of the High Court, Liyanage Kashyapa Wickramasekara, ruled that the arguments provided by the defendants lacked merit. He stated that the plaintiffs have demonstrated a reasonable cause of action, and the issues raised warrant a full trial.
In his ruling on September 11, in Suva, Acting Master Wickramasekara described the defendants’ bid to strike out the lawsuit as frivolous and an abuse of the court’s process. He concluded that the legal threshold for dismissing a claim had not been met under Order 18 Rule 18(1) of the High Court Rules 1988. Consequently, the defendants have been ordered to pay $2500 in costs to the plaintiffs within 21 days.
The case underscores the complexities surrounding defamation claims, particularly in the context of private messaging platforms. It highlights the potential legal repercussions of comments considered defamatory, even within seemingly private communications. This case could set a significant precedent for how courts might handle defamation claims stemming from private online communications, reflecting evolving concerns about privacy and reputation in the digital age.