Persons living overseas can be sued locally for defamatory social media posts, Attorney General Anil Nandlall has clarified.
Nandlall, Tuesday night, strongly rejected assertions that individuals who reside abroad and make defamatory social media posts and statements cannot be held liable in Guyana.
Speaking during his weekly ‘Issues in the News’ programme, the AG contended that any such assertion is “a misnomer and it is absolutely erroneous.”
Why did the Attorney General address this matter?
According to him, there has been much abuse of people’s freedom of expression and there are at least two high-profile defamation lawsuits.
“There has been an abuse taking place on social media platforms where persons believe that they have the license to say what they want, to libel persons, to publish incitements, (to foster the) excitements of racial hostilities, publish statements that are racist and inflammatory designed to cause mayhem and riotous conduct in this country, and statements of that ilk.
“You do not have a freedom of expression to publish those types of statements,” Nandlall said.
Recently, Minister within the Ministry of Public Works, Deodat Indar, has filed a $50 million defamation lawsuit in the High Court against social media activist Melissa Ann Atwell, known as ‘Melly Mel’, and Opposition Parliamentarian Sherod Duncan. Indar alleges that they defamed him during a Facebook Live session. Atwell who was also sued by a local health insitutiton for statements she made on Facebook also faces the threat of being sued by a Guyanese buisnessman.
Then overseas-based Guyanese political activist Rickford Burke was also wanted in relation to a case of extortion in which two reporters have already been charged. The Police say they want Burke for “conspiracy to commit a felony to wit publication of defamatory libel in order to extort money.”
And earlier this year, popular Guyanese businessman and entertainer, Marlon ‘Freedom Boss’ Jacobs also filed a $5 million defamation lawsuit against social media personality Allison Hunt, known as ‘Aunty Allo’.
There are also local examples including the suit filed against Opposition Leader Aubrey Norton by Agriculture Minister Zulfikar Mustapha. Norton was sued for comments he made on social media.
Nandlall explained that the freedom of expression is guided by certain limitations including a responsibility to protect people’s reputations and characters from any damages.
Beyond that, however, he explained that persons who engage in such libelous acts are not above the law- no matter where they reside.
The Attorney General, who is also Guyana’s Minister of Legal Affairs, said the breach of the law unfolds wherever there is injury to an individual’s reputation. And he explained that defamatory statements are made via a Facebook broadcast in a foreign country, for example, can be tried in local courts if the broadcast is viewed or heard here.
“Whether are you in the United Kingdom, Canada or Timbuktu, if you publish something defamatory about me and it is read or seen in 10 hundred other countries, you are liable because the wrong takes place, or the law is breached, wherever my reputation is injured,” he said.
Later in his programme, he added, “if you use Facebook, you are liable wherever that post is published and you are liable because everyone reads that post is a different post, each incarnation can amount to a different publication… so many times you are liable.”
The Attorney General also noted that legal proceedings can be served on a person wherever they reside and that the wanted individual can either return to Guyana to attend a trial or allow a judgement to be obtained in absentia.
Because some worrisome statements have been made about State actors, Nandlall also disclosed that the government is working alongside foreign partners including United States law enforcement bodies and law firms in the US to remedy the situation.
And he emphasised that wrongdoers will be dealt with “condignly.”
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