Defamation Law and the Influencer era

Podcasters, bloggers and influencers are all emerging internet-based careers which are centered around posting their opinions on the internet to be reposted, liked, shared and commented on by their followers.

Trouble arises, however, when these opinions, which may or may not be true, brings bad publicity and attention to a brand or business.

The law of defamation is the most suitable form of relief for individuals and entities who believe they are a victims of published claims (tweets, IG posts etc.) that bring their reputation in disrepute.

In Jamaica, the law is slowly catching up with the evolution of the internet. The defamation act added definitions for the terms ‘internet’ and ‘electronic communications’.

If brought to Court, the judge will consider if a post made on TikTok or on the internet is: Factually inaccurate? Would the post tend to lower the reputation of the Claimant in the estimation of right-thinking members of society? Cause shun and avoidance? The post exposed the offended party to hatred, contempt or ridicule?

Like with all tortuous claims, you would have to show that you’ve been harmed or injured by the claims that have been made online.The injured party would have to show that they’ve suffered some form of economic loss or psychological damage as a result of the defamatory post. An influencer/blogger could defend themselves by arguing that they are merely telling the truth, or they innocently disseminated (like retweet/repost) the defamatory statement/post on the internet