Search

High Court upholds freedom of speech in refusing injunction against former Fiji First candidate

The High Court has refused to issue an injunction to stop a former Fiji First candidate from posting anything negative against the editor of Duavata News, Arnold Chanel.

Mr Chanel had gone to court to seek an injunction against Eliane Chandra that she be restrained from publishing, distributing, posting, sharing or otherwise disseminating any defamatory statements or materials concerning Mr Chanel.

These included publications in writing, verbal or digital form, including on social media platforms such as Facebook, Tiktok or any other forum.

Mr Chanel also sough orders from court that Ms Chandra remove or cause to be removed defamatory posts, videos, statements concerning Mr Chanel previously published on any public or private platform, including but not limited to Facebook, Tiktok, and any associated media pages or forums under the Defendant’s control.

A High Court ruling on June 20 states the injunctive application arose from a post by Ms Chandra on her Facebook page on 25 April 2025 referring to Mr Chanel as “unqualified’ “poop cleaner”, “engage in dishonest and deceptive business practices”, “emotionally unstable”, and “a tax fraud.”

“The Application (Mr Chanel) seeks the Court to wield its powers to restrain the Respondent/Defendant (Ms Chandra) from posting social media comments that the Applicant says is defaming to his reputation, business and discredits his personal life,” said Puisne Judge, Senileba Waqainabete-Levaci in her June 20 ruling.

“When considering the application, the Court is mindful of the delicate balance of the right of freedom of speech of an individual entrenched in the Constitution 2013 and the exceptions which curtail those rights.”

“Her comments have attracted attention given the wide reach of her post. But this is inevitable for her Facebook, given the number of people she has invited to be-friend and view her posts.”

“Her comments have not referred to his work, business or his reputation nor referred to his qualification.”

“The Applicant/Plaintiff (Mr Chanel) has already lodged a complaint with police for the assault on him at the neighbouring eatery.”

“At this juncture, the Court finds there are no exceptional circumstances to grant that an interim injunction be exercised against the Defendant/Respondent (Ms Chandra)

“This application is therefore dismissed.”