Businesswoman and TikToker Ana Masere has been remanded in custody and her case has been transferred to the Nadi Magistrates Court yesterday afternoon.
She is charged with two counts of causing harm by posting electronic communication under the Online Safety Act and two counts of insulting any person under the Crimes Act.
Masere appeared before Magistrate Josaia Waqaivolavola this afternoon.
Police Prosecution, Corporal Salote Bola says they are objecting to bail due to the public interest in this case as well as in the interest for justice.
She says another reason objecting to bail is that one of the victims allegedly attempted suicide.
Corporal Bola says another reason as well is the extremities of the language used and the extent of the circulation of the post on electronic communications.
She says it has become a norm now for people to humiliate others on social media, and the alleged offences were committed on TikTok.
Corporal Bola says the alleged videos by the accused spread like wildfire.
Bola says while there is freedom of speech and expression, there is a limit.
Police Prosecution also brought up the case of Kishore Kumar as an example where he was told to deactivate his social media accounts but he created others and continued posting online.
Defence counsel, Amrit Chand says the charges are defective and should be dismissed in regard to it being dated as 20th September.
Magistrate Waqaivolavola asked for the dates to be amended.
Chand says the particulars of the offence did not define what the derogatory posts were, or what words were used to insult the modesty of the victim.
He also brought up the fact that Masere is the sole breadwinner of her family and that she has seven children from the ages of five to eighteen.
The defence counsel says Masere’s children will be affected if she is put in remand, they have already been affected in the 48 hours she has been in police custody.
He says Masere is a business woman with a restaurant in Nadi and a hair salon in Labasa as well as 10 employees to look after.
Chand reiterated that his client is not a flight risk, and if she is to be bailed then she will deactivate all her social media accounts except for the ones she uses for her business.
In his ruling, Magistrate Waqaivolavola stated that public interest and community safety outweighs all others.
The matter will be called in the Nadi Magistrates Court on the 2nd of October.
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