A dispute between suburban neighbours escalated and spilled over into social media when one of the neighbours vented on Facebook. The Facebook posts suggested that the plaintiff was a "nutter" and a "creep" who deployed a system of cameras and mirrors to keep the defendant's backyard and young children under 24-hour surveillance. There was no evidence of any such system. Once the initial comments were posted, they were widely disseminated among the defendant's 2,000 Facebook "friends" and potentially viewed by any Facebook users due to the "public" settings on the defendant's Facebook account.
This in turn prompted other comments from the defendant's Facebook "friends" such as a "pedo", "#creeper", "nutter", "freak" (and more). After about 27 hours, the posts were deleted from the defendant's account, but by then the same posts had propagated through other Facebook pages ; the court noted dryly that "The phrase 'gone viral' would seem to be an apt description."
The plaintiff, a middle school teacher, was obviously concerned that the posts, as published, could cause him among other things to lose his job or face disciplinary action at his place of employment.
In Pritchard v. Van Nes, 2016 BCSC 686 (CanLII), the court noted that the social media posts constituted attacks on the plaintiff's character which "were completely false and unjustified. [The plaintiff] has, as a consequence of the defendant's thoughtless, reckless actions, suffered serious damage to his reputation, and for the reasons set out herein he is entitled to a substantial award of damages."
The court awarded general damages for defamation of $50,000 and additional punitive damages of $15,000, plus costs.
(See our Defamation Archive)
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