In a recent judgment involving social media defamation, Martin v Najem [2023] NSWDC, the District Court of New South Wales ruled in favour of the plaintiff, Issac Martin, in a case against Fouad Najem. The court ordered Najem to pay Martin $300,000 in damages for defamatory posts made on Instagram.
The Facts
Issac Martin, an individual better known by his Instagram handle @issac_eatsalot, brought a defamation case against Fouad Najem following a series of Instagram posts. The posts, as the court found, were part of a larger campaign by Najem to "attack and discredit the reputation of the plaintiff." The key allegations involved in this case were that Najem had falsely accused Martin of being a "paedophile" in his social media posts.
Interpretation of Social Media Posts
The judgment reflected the unique nature of social media as a medium for communication. The court concluded that the ordinary reasonable reader of social media is distinct from readers of traditional media, such as newspapers or biographies. The judge reasoned that the reader of social media must be considered in the context of the platform, taking into account the way posts are made and read.
Determination of Defamation
Despite the defendant's use of profanity and aggressive language, the court found that the allegations of paedophilia and racism were so profound that even casual social media users couldn't miss them. These allegations were deemed to have reached a significant audience, not just Najem's followers, but also those who might have seen the posts due to Instagram's algorithms, thus increasing their impact.
Serious Harm and Damages
The court held that the allegations made against Martin constituted serious harm. Citing Dhir v Saddler [2017] EWHC 3155 (QB), the judge ruled that the gravity of the imputations was key in establishing serious harm, rather than the extent of their publication.
The court accepted that allegations of paedophilia are among the most serious of claims, and that the plaintiff had suffered significant emotional harm, including feelings of outrage, humiliation, and helplessness, all of which factored into the damages awarded.
Aggravated Damages
Aggravated damages were awarded due to the specific elements of this case. The court noted that Najem's posts were part of a malicious campaign against Martin's business, and also personally insulting. The court noted Najem's intention to encourage others to abuse Martin and put him out of business. His failure to acknowledge any wrongdoing further contributed to the awarding of aggravated damages.