Monday’s news that a 35-year-old man was charged with the assault of a 92-year-woman in a Mount Isa home invasion was understandably deeply distressing for many people.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The case is now before the courts and the man deserves the presumption of innocence until proven otherwise so I will make no comment on the specifics of that matter.
However it has yet again set off a firestorm of social media chatter in some quarters and people need to be careful of what they say in public, especially if it could prejudice a fair trial.
Applications like Facebook have made it very easy for people to give their opinion, something I see generally as a good thing and that adds to our democratic process.
Unfortunately the ease – and the especially the anonymity – of which people can make comments on social media have led to many people stepping over the line and saying things they would not saying in real life or things about people they would not say to their face.
There is a feeling that people can simply get away with this behaviour but if so they are sadly mistaken.
The courts have taken the view that anything on social media is considered publishing and therefore they can liable to the laws that govern publishing – specifically defamation.
To be defamed under common law a claim must generally be false and must have been made to someone other than the person defamed so that that person would think less of the person as a result of the defamatory statement.
There have been numerous examples where people lashing out on Facebook have been found guilty of defamation.
I understand the appeal and the need for vent pages on Facebook but they often can quickly descend into nastiness and those commenting there don’t realise the law applies to them just as much as it applies to a newspaper.
The North West Star has introduced a policy of not putting court case stories on social media. This is sad as it means some people won’t see the article but we don’t have the staff to monitor for defamatory comments 24 x 7.
People need to think before they write in public.
Derek Barry
Editor of the North West Star Mount Isa since January 2016. Prior to that, an editor at several regional southern Queensland newspapers. Passionate about telling local stories. Comes with a strange accent to due an Irish accident of birth.
Editor of the North West Star Mount Isa since January 2016. Prior to that, an editor at several regional southern Queensland newspapers. Passionate about telling local stories. Comes with a strange accent to due an Irish accident of birth.
