ONLINE Safety Commissioner Filipe Batiwale has applauded a High Court ruling that fined a businessman $50,000 for defaming a colleague on Facebook.
He described it as a decision that reinforces a critical principle – that the laws apply online, in the same way it applies offline.
He called on the public to think before posting.
High Court Judge Justice Deepthi Amaratunga ordered real estate agent Reginald Jokhan to pay $50,000 in damages for defamatory posts against fellow agent Anand Krishna Goundar.
Mr Batiwale said social media was not a privileged space where individuals could publish false, harmful, or malicious content without accountability.
“Justice Amaratunga’s finding that Facebook is not a privileged occasion reflects the growing importance of responsible behaviour in digital spaces,” he said.
“As the Online Safety Commissioner, I welcome this ruling.
“For a small country like Fiji, where online posts spread rapidly and can deeply affect individuals, families, and businesses, this ruling is timely.
“The court’s emphasis on the “viral effect” and the heightened harm of online publications aligns strongly with the purpose of the Online Safety Act.”
Mr Batiwale has advised that before sharing or commenting, people should consider whether the information is true, necessary, and fair.
“Freedom of expression does not extend to defamation or causing harm. Online abuse now carries real consequences under both civil and criminal law.”
Tabuya calls for online responsibility
INFORMATION Minister Lynda Tabuya says a recent High Court ruling ought to serve as a reminder of the need for people to be more responsible when posting online.
The High Court this week fined a businessman $50,000 for defaming a business colleague on Facebook.
High Court Judge Justice Deepthi Amaratunga ordered real estate agent Reginald Jokhan to pay $50,000 in damages for defamatory posts against fellow agent Anand Krishna Goundar.
The judgment delivered last week, found that a series of Facebook posts on the Land for Sale Fiji page — and an email circulated by Mr Jokhan — falsely portrayed Mr Goundar as dishonest, greedy, and criminal, and were made with malice.
Ms Tabuya said the court and the people were now catching up with the fact that Facebook and social media platforms were not a privilege.
“They (social media) are not a place where you can just express your thoughts and give your opinion without being responsible,” she said.
“So, we need to be responsible citizens when we are online, or what they call netizens and we need to be responsible netizens when we are expressing our opinions online, it comes with responsibility.
Ms Tabuya said the laws of defamation and online safety laws still applied.
“So, I don’t think you can just go online and that because it’s unregulated, there aren’t laws that apply.”
“You will still be committing a crime if you do cyber bullying, or you will be sued for defamation if it’s damage to reputation and character.”
She called for people to adopt a more responsible approach to online activities.
“Just respect one another and be kind to each other.
“And in the 16 Days of Activism where the theme is around digital violence, technology-facilitated gender-based violence, let’s be mindful and let’s be respectful.
“Let’s take care of our women and girls who are going through this on a daily basis.”
