It seems that people are still not appreciating the impact of ill considered Facebook posts. In our latest article in The District Reporter, we discuss a recent defamation case heard in the Supreme Court of Queensland, where comments posted by the defendant on Facebook have resulted in an order to pay the plaintiff $250,000 in damages.
Click here for the latest publication of The District Reporter
A recent defamation case in the Supreme Court of Queensland between two members of the Go Karting community resulted in the defendant being ordered to pay the plaintiff an amount of $250,000 damages, including aggravated damages, plus interest and costs for comments posted by the defendant on Facebook sites run by him.
The total amount likely to be paid by the defendant to the plaintiff, including costs, would be over $400,000.
The court was minded to make an order for aggravated damages, owing to the defendant’s conduct in continuing to make ongoing posts which defamed the plaintiff, even after the plaintiff’s lawyers had requested the defendant cease and withdraw the earlier posts.
The court also ordered what is known as mandatory injunctions, which require the defendant to remove the offending Facebook posts. The posts appeared to escalate from initial comments regarding the manner in which the plaintiff conducted a Go Karting Association, through to allegations that the plaintiff was a friend of paedophiles.
It is important to realise that any Facebook post, particularly ones such as these which were publically available, is a publication and potentially gives rise to an action in defamation.
At Caldwell Martin Cox we find that people are still not appreciating the impact of public Facebook posts.
We recently had a matter where an employee of more than 10 years service resigned in anger. The next day, the employee’s comments made in a Facebook forum were read to one of the directors of the company. The comments included criticism of the work premises and of the employer.
We recommend caution on Facebook in particular and in any circumstance where you are posting to internet or online forums and there is the potential for the material to be repeated and shared by others. What you say could land you in court defending or settling very costly claims.
Please contact Geoff Lloyd at our Camden office on 4651 4800.
