Caribbean Defamation in the Age of Facebook Live

An examination of the quantum considerations following Panday v Alexander. The first-instance award invites a fresh look at broadcast reach as a factor in damages.

Broadcast reach and the measure of damages

Where a defamatory statement is carried live to a large and unfiltered audience, the traditional analysis of publication and republication requires careful adaptation. The reach of a single broadcast, and its persistence once recorded, bears directly on the assessment of general damages.

The deterrent function of an award is at its most acute where the medium invites repetition.

Three factors repay attention when advising on quantum in this setting:

• The size and character of the live audience at the moment of publication.
• The extent to which the statement was designed to sensationalise an obvious untruth.
• The likelihood of continued circulation after the broadcast has ended.

This is a starter draft. Edit the full article in the Studio.