Friday, March 07, 2014
The tweet that cost $105,000
Libel has never been free speech so it is good when speech cases are strong enough to be prosecuted as libel
In the first Twitter defamation battle in Australia to proceed to a full trial, District Court judge Michael Elkaim ruled that former Orange High School student Andrew Farley should pay compensatory and aggravated damages for making false allegations about music teacher Christine Mickle.
Judge Elkaim said the comments had had a "devastating effect" on the popular teacher, who immediately took sick leave and only returned to work on a limited basis late last year.
"When defamatory publications are made on social media it is common knowledge that they spread," Judge Elkaim said in an unreported judgment in November.
"They are spread easily by the simple manipulation of mobile phones and computers. Their evil lies in the grapevine effect that stems from the use of this type of communication."
Mr Farley, who was 20 at the time of the judgment, is the son of the school's former head of music and arts, who was described as a "gentle man who had a number of health issues". Young Mr Farley graduated from high school in 2011 and had never been taught by Ms Mickle.
In November 2012, he posted a series of defamatory comments on Twitter and Facebook about Ms Mickle, who took over his father's job on an acting basis after the senior teacher left in 2008 for health reasons.
"For some reason it seems that the defendant bears a grudge against the plaintiff, apparently based on a belief that she had something to do with his father leaving the school," Judge Elkaim said. "There is absolutely no evidence to substantiate that belief."
Judge Elkaim ordered Mr Farley to pay $85,000 in compensatory damages. He also ruled that the young man's conduct in response to the case warranted an additional $20,000 in aggravated damages.
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1 comment:
Glad to see that people can and will held to account for their opinions when they cross the line. The system works.
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