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Precedent set: Locals sue and win over social media posts.

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K74T
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Re: Precedent set: Locals sue and win over social media posts.

Postby K74T » June 21st, 2018, 12:05 pm

and mainly zoom rader on TriniTuner

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Re: Precedent set: Locals sue and win over social media posts.

Postby zoom rader » June 21st, 2018, 1:57 pm

K74T wrote:and mainly zoom rader on TriniTuner
I only point out the facts

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Re: Precedent set: Locals sue and win over social media posts.

Postby K74T » June 21st, 2018, 1:58 pm

Agreed, you being the main racist is a fact. Well said buddy.

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Re: Precedent set: Locals sue and win over social media posts.

Postby bluefete » June 21st, 2018, 6:13 pm

zoom rader wrote:
Rovin's Audio wrote:ent it supposed to have an authority concerning social media posts or nobody does report stuff to them ?


d kinda dutty remarks & racism i does see on fb especially when it comes to politics is disturbing ...
It's Mainly PNM ppl that post the most racists remarks on FB


And UNC people dressed up as PNM.

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Re: Precedent set: Locals sue and win over social media posts.

Postby redmanjp » June 23rd, 2018, 12:07 am

What if Govt Ministers decide to do the same thing anytime they are criticized for non performance though?

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zoom rader
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Re: Precedent set: Locals sue and win over social media posts.

Postby zoom rader » June 23rd, 2018, 12:35 am

K74T wrote:Agreed, you being the main racist is a fact. Well said buddy.
A racist?
Pointing out how people live or behave is not racist.

Who wears pants on their knees and bartex showing out, ent it's koolee ppl?

Who is child fadda and mudda, koolee ppl?

Jail full ah who, koolee ppl?

Power neck ppl is koolee ppl?

Holding a black bottle all night long is koolee ppl?

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Re: Precedent set: Locals sue and win over social media posts.

Postby INHUMAN » June 24th, 2018, 1:21 am

zoom rader wrote:
K74T wrote:Agreed, you being the main racist is a fact. Well said buddy.
A racist?
Pointing out how people live or behave is not racist.

Who wears pants on their knees and bartex showing out, ent it's koolee ppl?

Who is child fadda and mudda, koolee ppl?

Jail full ah who, koolee ppl?

Power neck ppl is koolee ppl?

Holding a black bottle all night long is koolee ppl?
Some ppl can't stand the sad truths of reality bai. Crime and weave sales are at an all time low as well.

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Re: Precedent set: Locals sue and win over social media posts.

Postby Slartibartfast » June 26th, 2018, 2:01 pm

zoom rader wrote:Who wears pants on their knees and bartex showing out, ent it's koolee ppl?

Who is child fadda and mudda, koolee ppl?

Jail full ah who, koolee ppl?

Power neck ppl is koolee ppl?

Holding a black bottle all night long is koolee ppl?
Image

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Re: Precedent set: Locals sue and win over social media posts.

Postby hydroep » October 5th, 2018, 12:54 am

Another one...

Libel on Facebook: Ex-member to pay $.2m in damages to church
Leah Sorias 2 hrs ago

A former member of a Chaguanas church has been ordered by the High Court to pay $250,000 in damages after she made defamatory statements about the institution, calling it a “killer cult”, a “graveyard for babies” and that members were involved in witchcraft.

The matter was filed against Sapphire Carter by Prophetic Missions International, and was heard before High Court Master Martha Alexander.
Get caught up with news from the news leader

Prophetic Missions, founded by Dr Leslie Rogers in 1998, is headquartered in Chaguanas and has local, regional and international branches. According to ruling, Carter was a member of the church for five years and left sometime in 2015. She also performed household duties for Rogers.


https://www.trinidadexpress.com/news/local/libel-on-facebook-ex-member-to-pay-m-in-damages/article_878adc5c-c83e-11e8-88e8-b3a086c0f288.html

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Re: Precedent set: Locals sue and win over social media posts.

Postby The_Honourable » October 5th, 2018, 1:55 am

*receives $250,000*

NOW we can forgive her.

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Re: Precedent set: Locals sue and win over social media posts.

Postby MaxPower » October 5th, 2018, 4:59 am

Hahah

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Re: Precedent set: Locals sue and win over social media posts.

Postby maj. tom » October 5th, 2018, 6:31 am

They moving like the bs church of Scientology. Can't stand up to any sort of criticism, and sue anyone who publicly disagrees with doctrine.

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Re: Precedent set: Locals sue and win over social media posts.

Postby vaiostation » October 5th, 2018, 7:01 am

Boi, just this week some lady call meh and say I take she pictures of Instagram and post it up in a WhatsApp group, and saying that I say all kinda defamatory things about her...

Well for
1, I not on Instagram,
2, I not on part of any WhatsApp groups,
3, my number that she was quoting from the WhatsApp app group, don't even have a WhatsApp account.
4, just cause someone people sayin mean things about ya, you hadda go out ya way to call a stranger an tell them to stop...

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Re: Precedent set: Locals sue and win over social media posts.

Postby rspann » October 5th, 2018, 7:12 am

I hope they say that money is the root of all evil, don't let money be everything, and turn the other cheek.

Btw, that is not the mad woman who post thing here about neighbours in Cashew Gardens who kidnap somebody?

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Re: Precedent set: Locals sue and win over social media posts.

Postby gastly369 » October 5th, 2018, 7:24 am

vaiostation wrote:Boi, just this week some lady call meh and say I take she pictures of Instagram and post it up in a WhatsApp group, and saying that I say all kinda defamatory things about her...

Well for
1, I not on Instagram,
2, I not on part of any WhatsApp groups,
3, my number that she was quoting from the WhatsApp app group, don't even have a WhatsApp account.
4, just cause someone people sayin mean things about ya, you hadda go out ya way to call a stranger an tell them to stop...
Most likely a thot looking for attention...the usual trini on insta....

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Re: Precedent set: Locals sue and win over social media posts.

Postby Musical Doc » October 5th, 2018, 8:52 am

You should check an see if somebody else using the number for whatsapp even though it is your number. it is possible

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Re: Precedent set: Locals sue and win over social media posts.

Postby Dizzy28 » October 5th, 2018, 9:04 am

Can't even call a cult a cult anymore!!! What is Trinidad coming too??

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Re: Precedent set: Locals sue and win over social media posts.

Postby MG Man » October 5th, 2018, 9:11 am

this mean I cya call allyuh tuntun anymore?

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Re: Precedent set: Locals sue and win over social media posts.

Postby sMASH » October 5th, 2018, 11:37 am

only the rich ones.

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Re: Precedent set: Locals sue and win over social media posts.

Postby hydroep » February 7th, 2019, 11:30 am

Online posters will be sued for defamatory posts
Carol Matroo

There are no special favours for social media posters who post photos, letters or any kind of defamatory matter as they will face the same disciplinary action as journalists and media houses.

Justice Kathy Ann Waterman-Latchoo said people tended to value their reputation the most and anyone posting anything defamatory or breaching any confidence on social media could land in hot water.

Waterman-Latchoo was one of several speakers at Tuesday’s symposium to discuss “Freedom, Facts and Fake News: Straddling Media Communications in the 21st Century” at the Radisson Trinidad, Port of Spain.

“You get no special dispensation, no favours, no exceptions when you defame someone on Facebook instead of in the newspaper, on the radio or television. Defamation is words which tend to lower someone in the estimation of right thinking members of society. Tweeting that a politician is corrupt, a teacher is a sexual predator or a woman is an unfit mother will get you in hot water the same temperature as if you publish the accusation in traditional media.”

Waterman-Latchoo said bloggers, Instagram gurus and Facebook activists of any category have to abide by the law just like journalists or any other citizen.

She said the person who posted the material was the publisher and if it was defamatory, he or she was liable to be sued as soon as the material was accessed and read. She said forwarding an email that made harmful allegations about someone made the person liable to be sued for defamation.

Newspapers which carried articles on their website as well as the actual paper which allowed readers to post defamatory comments will be held responsible.

“The one thing people tend to value the most is their reputation. It has always been a bad thing to bad mouth people. Before Twitter and Facebook it has always been a bad thing. The advent of social media is the bad things can go viral in seconds and spread internationally. People also tend to be much looser on social media and the same thing they might not write in a letter to the editor of a newspaper.”

Waterman-Latchooo said while freedom of speech was guaranteed by the Constitution, it did not give people the licence to make unfounded statements on others.

She said while there was no immunity for social media users there were some differences in courts for defamation suits involving social media.

“When bad things are published in a newspaper it is really easy to know who to sue-- the newspaper and the person who wrote it. But when bad things are published in social media can you easily identify who that is? Social media accounts must be jealously guarded same as a bank account. The holder of a social media account must be held accountable for what is published there. Proof of ownership of an account in the absence of any evidence as to the IT address of the user can be established.” She said calling something a liar, thief or corrupt was libel, and so to was using innuendo.

“Readers are smart, they can read the innuendo.”

Advertisements, effigies and paintings and calypsoes can also be libellous.

“I don’t know of any case of anybody successfully suing about a defamatory calypso. It is not because they had immunity, but perhaps because of our cultural tolerance. And you know if you take them to court they will sing about you again next year.”

Waterman-Latchoo said a person had the right to express him/herself, but there were certain boundaries. She said there are certain defences available, but it was a balancing act.

Justification of truth was one, but was not easy to support without facts. Privilege meant whatever was said in court and Parliament can be reported. Also, if a journalist made an error but could show that he had done due diligence, the law could offer some protection.

Unintentional defamation, innocent dissemination and consent, apology and limitation were also defences that could be used. She said besides defamation, people can be sued for contempt of court which included predicting the outcome of a case, commenting on an active case, publishing a confession and using photos when identification was an issue.

She said there was also breach of confidence where while the words were not defamatory, the material was obtained and published in a breach of confidence. This included publishing trade secrets, medical reports, financial information, spousal communication and revenge porn.


https://newsday.co.tt/2019/02/07/bloggers-will-be-sued-for-defamatory-posts/

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Re: Precedent set: Locals sue and win over social media posts.

Postby teems1 » February 7th, 2019, 11:47 am

If someone gets your password and makes post on your account, you're still going to be on the hook?

I can see the main defense being I lost my phone, it has no screen lock and somebody used it to make those posts.

If you can't prove definitively that I made the post, how can I be liable?

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Re: Precedent set: Locals sue and win over social media posts.

Postby hydroep » February 7th, 2019, 11:59 am

^Well, in the case cited in the opening post of this thread the defendant claimed her account was hacked and the judge still buss she throat.

I suppose you would have to prove your account was hacked if using that as a defense, and if you were just negligent (e.g. not locking your machine before stepping away) that's on you — hence the " Social media accounts must be jealously guarded same as a bank account" statement.

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Re: Precedent set: Locals sue and win over social media posts.

Postby teems1 » February 7th, 2019, 12:33 pm

hydroep wrote:^Well, in the case cited in the opening post of this thread the defendant claimed her account was hacked and the judge still buss she throat.

I suppose you would have to prove your account was hacked if using that as a defense, and if you were just negligent (e.g. not locking your machine before stepping away etc.) that's on you — hence the " Social media accounts must be jealously guarded same as a bank account" statement.


So the courts who are unwilling to take video evidence from CCTVs as they are unreliable, have no problem handing down a verdict when there is no definitive proof that someone made a libelous post on Facebook?

What most people call "being hacked" is that they left their browser logged in etc.

There are some legitimate hacks whereby some poorly coded site has their userbase email/unencrypted password stolen. The hacker then use the email and pw in FB, as it is quite common for people to reuse a password across multiple sites.

Moral of the story, if you want to call someone a kant on fb or even tuner, create a throwaway account for it.

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Re: Precedent set: Locals sue and win over social media posts.

Postby redmanjp » February 7th, 2019, 1:52 pm

teems1 wrote:
hydroep wrote:
Moral of the story, if you want to call someone a kant on fb or even tuner, create a throwaway account for it.


so Duane handing over real names/IPs of users in those cases?

and what if Govt Ministers decide to now sue anyone who criticizes them?

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Re: Precedent set: Locals sue and win over social media posts.

Postby bluefete » February 7th, 2019, 2:46 pm

Nazi Germany here we come.

So a parliamentarian can get up in Parliament and defame me and I will have no recourse to the courts because his/her speech is privileged and protected.

But if I call the same parliamentarian a liar (based on evidence), I could make a jail. But if I say he/she is a "stranger to the truth", then I am okay.

All of us who value freedom of expression better watch out.

That judge sounds like a mouthpiece for the government.

hydroep wrote:
Online posters will be sued for defamatory posts
Carol Matroo

Defamation is words which tend to lower someone in the estimation of right thinking members of society. Tweeting that a politician is corrupt, a teacher is a sexual predator or a woman is an unfit mother will get you in hot water the same temperature as if you publish the accusation in traditional media.”

Newspapers which carried articles on their website as well as the actual paper which allowed readers to post defamatory comments will be held responsible.

She said calling something a liar, thief or corrupt was libel, and so to was using innuendo.

“Readers are smart, they can read the innuendo.”

Advertisements, effigies and paintings and calypsoes can also be libellous.

Waterman-Latchoo said a person had the right to express him/herself, but there were certain boundaries.

She said there was also breach of confidence where while the words were not defamatory, the material was obtained and published in a breach of confidence. This included publishing trade secrets, medical reports, financial information, spousal communication and revenge porn.

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Re: Precedent set: Locals sue and win over social media posts.

Postby redmanjp » February 7th, 2019, 2:50 pm

innuendo is libel? home come it doh have ah string of calypsonians getting sued?

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Re: Precedent set: Locals sue and win over social media posts.

Postby Dizzy28 » February 7th, 2019, 2:54 pm

Using "It is alleged" don't insure you against defamation anymore?

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Re: Precedent set: Locals sue and win over social media posts.

Postby bluefete » February 7th, 2019, 3:00 pm

I was looking for Lambie's Funeral but could not find it.

Go straight to 3:05





redmanjp wrote:innuendo is libel? home come it doh have ah string of calypsonians getting sued?

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