$.25m for unholy posts

UPDATE:

A CHARLIEVILLE-based church has been awarded $250,000 in compensation for defamation by one of its former congregants.

High Court master Martha Alexander on Wednesday, ordered Sapphire Carter to compensate the Prophetic Missions International, led by Dr Leslie Rogers, for injury to its reputation and financial prospects.

The church, which was represented by attorney Farai Hove Masaisai, received judgment from Justice Eleanor Donaldson-Honeywell last year. She ordered compensation to be assessed by a high court master.
The defamatory statements were made on social media, in weekly newspaper publications, and on a television station, starting in 2015, when Carter left the church.

In her ruling, Alexander said users of social media platforms “must be responsible for the carnage created by their defamatory postings.

“Facebook’s fangs possessed an infinite reach,” she warned. “Its capacity for multiple re-postings, sharing and commenting by users and the likely irreparable damage would possibly never be discoverable or understandable.

“Users of social media platforms must recognise that they must be responsible and respectful of the reputations of others in society or their actions would be condemned in the strongest possible terms.”

As well as accusations against the church Carter made several allegations against its leader, which led to him and his family being ostracised, according to the evidence.
Alexander said the court accepted that there was clear proof of multiple libellous postings on social, print and televised media, and the evidence stood unchallenged by Carter.

Of the Facebook and YouTube postings, the judgment said they were massive in number and widespread in their coverage, “profoundly wounding” the church, and were aimed at injuring its reputation and inflict maximum damage.

“Attempts to contain or stop the postings were ignored with impunity and the relentlessness of the attacks were only halted by contempt of court proceedings.”
She said it was undeniable that the bulk of the defamatory statements were made on Facebook, and the libellous allegations were “indisputably serious,” adding that Facebook had the potential to cause “unfathomable damage” because of its “borderless reach.

“The compensation awarded might not be able to bleach away the stains caused by this defamation, or even wipe out the memory of what was done here, but it would be in some way serve as a balm for the injury.”

In the case, Alexander noted that during the liability stage of the proceedings, “there was a demonstratable tendency” by Carter to ignore court orders and continue acts of harassment against members of the church. This led to contempt-of-court action being brought against her, and Masaisai argued for this behaviour to be factored in by the courtin making its award.

Alexander said while she adhered to the clear and well-rehearsed principles that guide assessments in defamation cases, the emerging role of social media and its impact on the church’s claim were critical considerations in settling the award to achieve justice in the case.
Attorney Issa Jones also represented the church. Sally-Ann Holdip represented Carter as a friend of the court.

ORIGINAL POST:

A CHARLIEVILLE-based church has been awarded $250,000 in compensation for defamation by one of its former congregants.

High Court master Martha Alexander, on Wednesday, ordered Sapphire Carter to compensate the Prophetic Missions International, led by Dr Leslie Rogers, for injury to its reputation and financial prospects.

The church, which was represented by its attorney Farai Hove Masaisai, received judgment from Justice Eleanor Donaldson-Honeywell, last year. She ordered that compensation be assessed by a high court master.

The defamatory statements were made on social media, in weekly newspaper publications, and on a television station starting 2015, when Carter left the church.

In her ruling, Alexander said users of social media platforms “must be responsible for the carnage created by their defamatory postings.”

“Facebook’s fangs possessed an infinite reach; its capacity for multiple re-postings, sharing and commenting by users and the likely irreparable damage would possibly never be discoverable or understandable.

“Users of social media platforms must recognise that they must be responsible and respectful of the reputations of others in society or their actions would be condemned in the strongest possible terms.”

Attorney Issa Jones also represented the church while Sally-Ann Holdip represented Carter as a friend of the court.

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