Herminie v Dugasse (CS 107/2019) [2020] SCSC 583 (8 August 2020)

Herminie v Dugasse (CS 107/2019) [2020] SCSC 583 (8 August 2020)

The Plaintiff proved on a balance of probabilities that the Defendant published a malicious and unsubstantiated defamatory statement on Facebook, referring to the Plaintiff, which harmed his reputation. The Defendant failed to rebut the evidence or justify the statements. The Plaintiff is entitled to damages and injunctive relief.

Citation
[2020] SCSC 583
Parties
Plaintiff: Patrick Herminie; Defendant: Dieter Dugasse
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 August 2020
Case Number
CS 107/2019
Procedural Posture
Civil / Judgment After Ex Parte Hearing
Outcome
Judgment for the Plaintiff
Legal Topics
Defamation, Freedom of Expression, Social Media Liability, Damages, Injunctions
Source Language
English
Tort Defamation Freedom of Expression Social Media Liability Damages Injunctions

Case Brief

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Parties

Patrick Herminie

Plaintiff

Dieter Dugasse

Defendant

Procedural Posture

Civil / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Whether the Defendant published defamatory statements about the Plaintiff on Facebook
  2. 2 Whether the statements referred to the Plaintiff and were understood as such
  3. 3 Whether the statements were published to third parties

Ratio Decidendi

The Plaintiff proved on a balance of probabilities that the Defendant published a malicious and unsubstantiated defamatory statement on Facebook, referring to the Plaintiff, which harmed his reputation. The Defendant failed to rebut the evidence or justify the statements. The Plaintiff is entitled to damages and injunctive relief.

Court Disposition

Judgment for the Plaintiff

Orders

  • Defendant to pay Plaintiff SR50,000.00 with interest and costs
  • Prohibitory injunction against Defendant from publishing similar posts or articles about Plaintiff unless their truth can be established