Kenyans Losing Millions in Court Over Social Media Posts
In recent times, Kenyans have been finding themselves on the wrong side of the law due to social media posts that have been deemed defamatory or untrue. The courts have been issuing heavy fines and judgments against individuals and institutions alike for spreading slander online.
Expanding Laws on Reputation Damage
According to lawyers, laws on reputation damage have expanded to cover social media platforms, making it easier for victims to seek redress. Owners of social media platforms can also be held liable if users post offending content.
Facebook: The Most Common Platform Sparking Defamation Cases
Facebook is the most common platform sparking defamation cases, with the company’s recent decision to close its moderation office in Nairobi only adding to the problem. The firm is shifting to artificial intelligence to moderate content, but it remains to be seen how effective this will be.
Notable Cases
In one notable case, a celebrity influencer was ordered to pay millions in compensation after using her social media channels to spread defamatory content about a company she had worked with. The court also issued orders barring the influencer from posting further defamatory material.
Other high-profile cases include politicians and business owners who have sued for defamation over social media posts that they claim are false and offensive. Judges presiding over these cases have issued orders banning respondents from posting material that could be defamatory to the complaining parties.
Administrators of Facebook Pages Can Be Held Liable
The courts have also established that administrators of Facebook pages can be held liable for comments made by other people on their page. In one case, a judge found two individuals culpable for moderating conversations by others on a Facebook page.
Protecting the Right to Privacy
Experts say that the right of privacy is also being increasingly protected in social media defamation cases. The courts have ruled that publishing private affairs, including phone numbers and personal details, without consent can be considered an infringement of privacy.
A Stark Reminder to Think Twice Before Posting Online
As the number of pending cases continues to grow, it’s clear that the Judiciary will likely mint new millionaires in the near future - a stark reminder to those who spread slander online to think twice before hitting “post”.