Mark Aldridge ordered to pay $100,000 damages award over defamatory Facebook posts
A FORMER SA political candidate has been ordered to pay $100k in a landmark Facebook case that saw a judge rule he was responsible for more than just his own comments.
FORMER political candidate Mark Aldridge has been ordered to pay a one-time business rival $100,000 in compensation after defaming him on Facebook.
In a landmark District Court judgment that will put all Facebook users on notice, Judge Peter Brebner said Mr Aldridge was responsible not just for his own posts, but also the defamatory comments of his followers.
The judgment follows a three-year legal battle between businessman Ben Johnston, who operated a greengrocer shop at Pooraka, and Mr Aldridge, who operated a farmers market at Parafield Airport.
After failed negotiations with Mr Aldridge to remove two offending posts and thousands of vile comments, Mr Johnston launched the District Court legal action.
In his lengthy judgment Judge Brebner criticised Mr Aldridge’s conduct and said his knowledge that the imputations were false “make it probable that he published each imputation in an attempt to wound rather than inform”.
Mr Johnston sued Mr Aldridge over two Facebook posts in November, 2015 and in April, 2016 and the thousands of comments they attracted.
The pair were in dispute over a “pop up” vegetable market at Salisbury and its approval process.
In his statement of claim Mr Johnston claims the first post was seen by Mr Aldridge’s 5974 followers, it was “liked” 12,586 times, shared 13,040 times and received more than 4500 comments.
He alleged the posts and comments “brought him into ridicule and contempt, has had his character and reputation injured and (he) has suffered hurt and embarrassment”.
In his evidence at trial Mr Aldridge said the comments were “exchanges between readers of comments’’ and not comments about the post itself and that he therefore carried no responsibility for them. Judge Brebner disagreed.
“By publishing the post with the comments box attached the defendant provided a forum for persons who might have been minded to add their comments to the post for others to read,’’ Judge Brebner said.
“He plainly knew that this was likely to occur …
“By providing the conduit in the knowledge that bilateral communication would occur the defendant participated in the publication of any comments which were read by visitors to the post and he did so in a secondary capacity in much the same way as the example of a person who provides a noticeboard on which people may publish their work for others to read.’’
In his evidence Mr Johnston said he has closed his business after the first post because of a downturn in trade he attributed to the “online attacks.’’
Judge Brebner said Mr Johnston had made inquiries about purchasing another fruit and vegetable business, but was apprehensive about opening his own business again because “of the online attacks from the defendant and others”.
In awarding Mr Johnston $100,000, he also ordered Mr Aldridge to remove the posts and comments from his Facebook page within seven days and restrained him from publishing any further defamatory material about Mr Johnston.
There have been only a handful of defamation cases launched across Australia concerning Facebook and Twitter.