July 29, 2010
A Stafford University student has been awarded £10,000 in damages after being falsely branded as a paedophile on social networking site Facebook.
The High Court heard how 24-year-old Jeremiah Barber uploaded a child pornography picture onto student Raymond Bryce’s online profile, commenting that he was “gay” and would “love” the image.
The incident occurred following a fallout between the pair over an £80 debt, owed by Mr Bryce. After obtaining a County Court order, Mr Barber then decided to besmirch Mr Bryce’s Facebook profile.
Despite taking down the offensive image within 24 hours, Mr Barber pleaded guilty to making and distributing an indecent image of a child at Stafford Crown Court. He was ordered to perform more than 100 hours community service and pay £1,200 in costs.
But Mr Bryce claimed that more than 800 people would have seen the image in that time, defaming his character and lowering him the eyes of others, while also subjecting him to possible violence.
"Jeremy Barber put a defamatory blog (sic) on Facebook and made me appear to be a paedophile with homosexual tendencies, neither of which is true. He did so with intention and malice,” Mr Bryce told the court.
"When I viewed the pictures I was shocked because they were repulsive and disgusting and in no way reflected my attitude to life. I asked for an apology which I have not to this date received. The whole thing has been distressing, not only for myself but for my family."
High Court judge Mr Justice Tugendhat agreed to award the law student £10,000 in libel damages for stress endured and any ensuing anxiety brought on by knowing that those close to him could have seen the offensive image.
Mr Justice Tugendhat said: "This was not only defamatory, but a defamation which goes to a central aspect of Mr Bryce's private life as well as his public reputation.
"This post was deeply offensive to him, but also a cause for alarm. It is well known that people accused of being pedophiles may be subjected to serious violence, even when there is no basis for the accusation.
"Damages in libel actions are awarded as compensation, not as punishment, to vindicate reputation, to compensate for harm to that reputation and as compensation for injury to feelings.
With membership to online social networks skyrocketing, cases such as Mr Bryce’s could become common in time. If you feel you’ve been defamed by the online activities of others, seek legal advice today.
