Social media is a fantastic tool for keeping in touch with people. It allows you to broadcast an update to close friends, acquaintances or to the public. This may seem like a great tool, however like any other tool it can be abused and there can be serious legal consequences as a result. For example, something we see all too often is the defamation of individuals via social media.
So what is defamation?
Defamation occurs when a person communicates information about another individual to a third person and this information has the capacity to damage the reputation of the individual by exposing then to negative reactions from the wider community.
To put this in perspective all it takes for defamation to occur through social media is for you to post something about another person online where it can be read by other people. This could be a status update on Facebook, or a Tweet, or perhaps a photo on Instagram. Just think about how easily this could be done and yet there are serious consequences that could follow.
Take for example a recent case of Mickle v Farley. In this case Farley, who was just 19 years old, posted in anger defamatory comments about the new music teacher at his local school, Mickle, whom he blamed for replacing his father in this position. He posted defamatory comments on Facebook and Twitter on the 15th of November and the 24th of November 2012.
The judge in the case found that the comments made by Farley had a serious impact on the reputation of Mickle and led to her taking 12 months off work. As a result the judge awarded her $85,000.00 in compensation and $20,000.00 in aggravated damages.
In his judgment District Court Judge Elkaim SC said; “There is one matter that I omitted in relation to the compensatory damages and that is to stress that when defamatory publications are made on social media it is common knowledge that they spread. They are spread easily by the simply manipulation of mobile phones and computers. Their evil lies in the grapevine effect that stems from the use of this type of communication. I have taken that into account in the assessment of damages that I previously made. “
Social media may seem like an appropriate medium to vent on, however this temptation to post your anger or frustration needs to be closely managed. Social media is a public space and your comments can lead to you facing an action for defamation.
In order to protect yourself think twice before posting and ensure that any negative comments you do make are not shared publicly.