Precedent is set; sharing defamatory content in private group chats on instant messaging platforms such as Whatsapp is subject to litigation.

According to the case the WPC began the exchange as she sought to respond to a post by another colleague, over a police officer being charged with 4 criminal offences.

She allegedly claimed that an unnamed officer, who she referred to as “Homer Simpson” and “Humpty Dumpty”, was eager to defend wrongdoing by members of the TTPS and could not conduct a proper investigation.

She also accused the officer of committing perjury in a criminal case. 

Her male colleague, who claimed her post, targeted him, responded by accusing her of having sex with senior officers to obtain favorable postings within the division.

He also accused the female officer’s husband of being a bandit.  

Following that statement the WPC sued.

While delivering his ruling Justice Seepersad said, there is significant use of Whatsapp in this republic as a medium to transfer information and to discuss a myriad of issues and events.

He said persons may feel that there is a measure of security using such a forum, as it is marketed as a private forum.

Addressing privacy options on the platform, including disappearing messages, the judicial officer said, that sense of privacy is misguided, as even a disappearing message can be screen shot.

Justice Seepersad added that the right to express one’s views cannot be used to negatively impact the reputation of others without justification.

He explained that users of messaging platforms should therefore only post about others that which you know to be true.