Court ruling a warning on Facebook posts
A court ruling in New South Wales has drawn a line in the sand on the use of Facebook.
The case is the sorry tale of 74-year-old owner of the hotel, Kenneth Rothe.
Rothe, a former deputy principal, worked with his wife running two small seaside motels while caring for their grandchildren.
The places he ran were the Blue Dolphin Motel and Nirvana Village Motel and a rental apartment. These were located in Nambucca Heads on the state's mid north coast.
Sometimes, these places offered crisis accommodation for people fleeing family disputes.
Enter electrician David Scott. In March 2014, for reasons that are unclear, Scott posted the following on Facebook:
"Pedophile [sic] warning:- Nambucca has been used as a relocation for these monsters – blue dolphin –nirvana hotel and above the Indian restaurant! …Bus stops are right out front of theses hotels for our children?"
Rothe denied the places ever housed ex-prisoners or paedophiles. He begged Scott for an apology and retraction. None was given.
Things got to a point where Rothe was bashed and hospitalised for six months by a mob who took matters into their own hands. His family was so scared they moved interstate.
It should be noted that there is no suggestion Scott had anything to do with the bashing.
Still, it ended up as a defamation case.
Mr Rothe told the court that in the lead up to the first assault, someone had actually said to him, "Are you the Blue Dolphin paedophile?"
Judge Judith Gibson forced Scott to pay $150,000 in damages. She found there was no factual basis for any of Scott’s claims.
"This Facebook attack was made on him out of the blue, with no prior inquiry of any kind by any person," Judge Gibson said.
"It has had a devastating effect on him.
"It would be fair to say that the publication of the matter complained of has destroyed the plaintiff's wellbeing as well as his peace of mind."
In her ruling, she also talked about how social media was these days used for defamation, and warning of its consequences.
"The anonymity, instaneousness and wide ranging reach of the Internet and social media make it a dangerous tool in the hands of persons who see themselves as caped crusaders or whistleblowers, or alternatively want to humiliate or "troll" other members of the community for the purpose of gratifying their own wishes or fears of for the purpose of gaining attention," Judge Gibson said.
by Leon Gettler, August 10th 2016
