Teacher Awarded Compensation over Twitter Defamation

Harriet Witchell - Tuesday, March 18, 2014

Workplace harassment can happen in a number of different environments, not just in the office as was upheld by a recent ruling in the NSW district court. In the first case of its kind, NSW teacher Christine Mickle successfully sued a former student for defamation via popular social media platform Twitter. The student was ordered to pay $105,000 in compensation for comments made on Twitter and Facebook.

Workplace harassment and bullying are a real issue for many employees. It can be extremely distressing for employees to be victims of bullying in the workplace but when this continues online over social media it can be even more devastating. Being harassed over the internet means that employees have no escape from bullying, even when they are at home, and with the widespread use of smartphones, negative and derogatory comments can follow them around wherever they go. The Twitter defamation case demonstrates that workplace harassment via social media is actionable and can have serious financial consequences for those who engage in it so it’s important that it is taken seriously.

Cyber bullying has been in the media for a number of reasons recently with calls for stricter laws governing the behaviour of cyber bullies and trolls along with increased awareness of the effect this type of harassment has on victims. In the case of Mrs Mickle, the effects of the defamation were described as ‘devastating’ and resulted in her taking an extended period of sick leave and only returning to work on a limited basis.

What is defamation?
The law regarding defamation is most commonly thought of in relation to media organisations and newspapers who publish false or negative information but the law can equally be applied to businesses and other organisations. Defamation is the publication or dissemination of false information which could damage another person’s reputation.
It’s very important for businesses and other organisations to be aware of the potential for defamation and be extremely careful when posting anything about another organisation or a current or former employee. Material posted on social media networks can be seen as defamatory if it:
  • Says that someone is dishonest or disloyal.
  • Makes personal statements about them which could cause someone else to think less of them.
  • Accuses them of doing something they didn’t.
  • Makes negative assertions about their capability of doing their job.

To count as defamation something doesn’t have to be overtly untrue, it can be argued that a statement which makes implications can also be considered to be defamation.

Make employees aware of the risks of social media
If you hear complaints that employees are posting negative comments about their co-workers on social media it’s important to take the allegations seriously. Social media harassment and defamation can lead to serious consequences for individuals and organisations. Make sure your employees are aware of the consequences of talking negatively about each other on Twitter or Facebook and help create a culture that discourages social media harassment and bullying to make your organisation a safer and healthier environment for everyone.

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