Updated 7pm - Added Facebook post
A magistrate this morning deplored the wrong use of social media and ordered the author of a defamatory Facebook post to publish a written apology and pay €2,000 by way of damages to the victim of the online slander.
Victoria Meyer ended up in court facing defamation proceedings after an online rant following a seaside incident in August 2013.
While accompanying a German friend to St Peter's Pool one afternoon, Ms Meyer alleged that a particular vessel, the Tia Buena, discharged sewage into the water in close proximity of swimmers. One of these was her friend, who subsequently fell ill.
Ms Meyer vented her anger by posting an account of her experience on the Facebook page of 'The Salott', a group with over 16,000 followers.
When contacted by Malta Yacht Charters Ltd, the owners of the Tia Buena, to remove the false and offensive post, the woman evidently ignored the request. The day after the alleged incident, the post was still online prompting the chartering company to sue author of the post for libel.
Once an allegation was made public, one had to put forward evidence in support. It was not enough to simply withdraw the defamatory post
Magistrate Francesco Depasquale, noted that the credibility of the respondent was placed in doubt in view of her work as 'charter consultant ' with a rival yachting company. Moreover, evidence proved that on the day of the alleged incident, the Tia Buena had been nowhere near St Peter's Pool.
Photo: Facebook/Victoria Meyer
The least the writer could have done was to make amends by posting a public apology on the same Facebook page, the court observed. But an apology was never offered during the proceedings.
In a critical comment, the court observed that nowadays, social media was no longer serving its original purpose, namely that of bringing together family and friends. This once positive means of communication has degenerated into "a virtual battlefield", a free-for-all characterised by lies, insults and slander.
The court declared that such behaviour was not acceptable within a democratic society and that this was to be condemned most strongly. Once an allegation was made public, one had to put forward evidence in support. It was not enough to simply withdraw the defamatory post. This would not erase the harm done to the targeted victim, the court concluded.
For this reason, the court ordered the respondent to publish, over a period of not less than 30 days, an explanatory post as specifically dictated in the judgment itself and to declare that this was being done under court order whilst blocking readers comments on such post. Moreover, Ms Meyer was ordered to pay €2,000 by way of damages to the victim of her defamatory post.
Ms Meyer subsequently posted an apology on Facebook.