A High Court judge recently ordered the Director of Government Communications George Herming to pay $20,000 to a prominent Honiara businessman for defaming him on Facebook.
This came after the chief executive officer of Solomon Motors Ltd, Craig Day, took Herming to court over the Facebook post he made in November 2023.
In Facebook exchanges between the pair, Herming claimed Day failed to settle the outstanding bills of his workers.
He claimed he was made aware of this through a dispute between Day and his workers that was before the Trade Dispute Panel.
Day flatly rejected the claim, and requested Herming to retract his false accusation and publicly apologise to him in the Solomon Star newspaper.
“Your post was written recklessly to create damage to the reputation of Solomon Motors Limited and myself,” Day told Herming during their exchanges.
“The post is totally false and amounts to significant defamation against Solomon Motors Limited and myself. We require a full public apology in the Solomon Star.”
Herming refused to apologise and stood by his statement.
This left Day with no option, but to file the defamation case.
Herming failed to lodge a defence, resulting in Day obtaining default judgment against the communications director.
In his determination, Justice Augustine Aulanga pointed out that Herming’s reference to the unpaid bills of Day’s employees can be construed to have ridiculed and disrepute the business and personal reputation of Day.
“Facebook can be a tool or platform if used inappropriately can aid the making of defamatory publications,” Aulanga said.
“There is no law at present that exempts or gives impunity to Facebook users from defamation,” he added.
Aulanga said the imputation from the Facebook publication in their natural and ordinary meaning is that Day and his company were unable to pay their employees bills, which were false and defamatory to them
He added despite they may have served some purpose, they cannot be taken as fair comments.
“I understand Herming is a journalist by profession and was a senior employee of the Solomon Islands Government at the time he made the defamatory statements.
“However, when properly construing the defamatory statements, it is my view that he should only be held accountable to a fair compensation and not one that seeks punishment or deterrence on him.”
Day’s lawyer Lily Ramo had asked the court to consider awarding $120,000 compensation to his client – $100,000 for general, compensatory and aggravated damages, and $20,000 for exemplary damages.
But Justice Aulanga said only general damages are the appropriate head of damages to be considered in this case.
Herming’s lawyer Donald Marahare had also pointed out to Justice Aulanga that his client has the right to make comments on Facebook.
However, Aulanga said whilst this may be true, the exercise of that right is not absolute, but also comes with care and responsibility.
“While in this modern era, Facebook provides an efficient and fastest way of communication, the right to use and make comments on Facebook is not absolute but qualified and subjected to certain restrictions imposed by the law.
“The law, especially the law of defamation in tort, requires a Facebook user to take responsibility, accountability and caution when making publications on Facebook.
“This is to avoid an infringement of rights of another which can be actionable in the Court.”
Justice Aulanga said as a journalist, Herming should know better not to make comments that would injure or disrepute the status of Day and his company.
“In this case, I find the statements despite their brevity, have caused injury to the good reputation of Solomon Motor as one of the reputable businesses in the country and Day as the Chief Executive Office of that business.”
