The Supreme Court of Fiji has ordered the Fijian Broadcasting Corporation Limited to pay $150,000 in general damages to Dr Shanjivan Padarath over a defamatory news article in 2016.
The case relates to a 2016 FBC news article titled “Fake Doctor to appear in Court”.
The article reported on a man allegedly operating a fake medical clinic in Nasinu, but the photo showed Dr Padarath conducting a medical consultation.
Many of Dr Padarath's family members, friends and colleagues posted on social media expressing their outrage and demanded that the photograph be taken down and encouraging him to sue FBC.
Dr Padarath had reported to police and lodged a report with Media Industry Development Authority the next day, however, the post was taken down 7 days after the event.
The Supreme Court found that the article had to be assessed as a whole, including the headline, text and accompanying photograph.
Justice Anthony Gates found that the publication had the potential to seriously harm Dr Padarath’s professional reputation and that the serious harm threshold had been met.
The Supreme Court has quashed the Court of Appeal’s orders and entered judgement against the respondents on liability.
FBC has also been ordered to pay 6 percent interest on the $150,000 from 16th March 2023 until payment, as well as $19,000 in costs.
