Help us defend Free Speech in the Cayman Islands

Help us defend Freedom of Speech in the Cayman Islands

We are raising money for legal fees to help our friend Linda, a Caymanian, defend the right to Freedom of Speech enshrined by law in the Bill of Rights in the Cayman Constitution Order (2009), which is one of the essential foundations of a democratic society.

note: donations are being collected in USD$

Background

In August 2021, Linda was sued for alleged defamation for comments she expressed within a community-led Facebook group under a post made by a third party Facebook user and member of the group. Linda is a volunteer administrator for the group where the original post and alleged defamatory comments were made. Linda’s own comments did not name the plaintiff and her comments were in no way defamatory of the plaintiff.

Social media platforms facilitate wide-ranging discussions and application of defamation laws to such fast-moving, constantly changing content is complex and evolving worldwide, not only in the Cayman Islands.

A preliminary issue Grand Court Judgment, cause G 93 of 2021, made on the 4th May 2022, to determine the natural and ordinary meaning of the words could have the effect of inhibiting freedom of speech and engagement online and will form legal precedent in the Cayman Islands unless successfully appealed.

We believe that as a matter of public interest, the effect of the 4th May 2022 preliminary issue judgment is that, in the Cayman Islands, defamation can be legally established against a person:

1. Using third party comments in a facebook group the person is an administrator of;

2. Where a plaintiff is not named or identified in a defendant’s own comments and the comments were not personally about the plaintiff;

And most importantly, fundamentally breaching human rights and natural justice,

3. Before the defendant has had the opportunity to present before the court the statutory defences and evidence against defamation a person is legally entitled to.

Any decision that is ultimately reached in this case will form a legal precedent and will affect and possibly curtail the freedom of speech in the Cayman Islands.

Consequently, and as a matter of public interest, Linda must file an appeal against the preliminary issue judgment as well as pursue her defence to a full trial which requires retaining expert legal advisors to represent her in the proceedings.

See below for additional details about the case so far.

Our humble request for your help and support

We are humbly asking for your help to raise funds towards helping Linda pay the legal costs incurred for engaging specialist counsel to fight this case and give the best chance to preserve Freedom of Speech in the Cayman Islands.

Linda gave up her professional career in accountancy in order to re-train in marine science. Since completing an MSc in Marine Environmental Management she has been volunteering extensively with a number of worthy conservation and environmental protection organisations working on the protection of Cayman’s Marine Park Areas, encouraging Caymanians to participate in lawful democracy, and preserving Cayman’s culture and the environment generally in the Cayman Islands. As a result, Linda has had minimal income for the past several years and has very limited means to pay legal fees.

With Gratitude

THANK YOU for your kind assistance, if you are willing and able, no amount is too small and all donations are greatly appreciated.

If you are not able to support financially at this time but would still like to help us, please consider sharing this link with friends and family.

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We will donate any excess funds raised to other deserving public rights campaigns in the Cayman Islands, such as, for example, the Concerned Citizen’s Group campaign to protect public beach access.

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Additional details on preliminary judgment

In a Grand Court Judgment issued on the 4th May 2022 following a technical preliminary legal issue interlocutory hearing prior to trial requested by the plaintiff, where the Court was asked to determine whether or not the comments complained of by the plaintiff were capable of being defamatory (and nothing more), the Court reached the extraordinary conclusion that “the words complained of are defamatory of the Plaintiff and bear the meaning alleged by him in the Statement of Claim”. In doing so, we believe that the Judge effectively gave summary judgment against Linda on the merits of the plaintiff’s defamation claim without considering either Linda’s defences or her evidence, he also used comments not posted by Linda to conclude that her comments were defamatory, even though she was not responsible for them and just a person volunteering as an administrator of the group page. Moreover, the Judge found the comments to be defamatory of the plaintiff despite the fact that the plaintiff was not actually named in any of the comments posted by Linda and that the comments were not made about him personally.

The Judgment, and any other Court decision ultimately made in this case, will form a legal precedent which will affect and possibly curtail the freedom of speech in the Cayman Islands. For the time being (and unless and until successfully appealed) the practical effect of the Judgment is:

(1) that administrators of social media group pages, including volunteers of community-led groups, can be held liable for defamation on the basis of comments that they did not post themselves, but which are posted by other group members;

(2) that findings of defamation may be made against a defendant notwithstanding that the plaintiff is not named nor identified by them;

and most importantly, for natural justice and human rights,

(3) that findings of defamation may be made against a defendant, even in circumstances where the plaintiff was not named and the comments were not made about them personally and not all made by the defendant themself, without allowing that defendant the opportunity to present any of the statutory defences to defamation to which they are entitled, thus effectively depriving them of their day in court - which in itself is a fundamental breach of the human right to justice and a fair trial.

The above is a summary of our views on the impact of the judgment.

The defamation case is expected to continue to trial notwithstanding the judgment on the preliminary issue application, however, if the recent Judgment is not challenged in the Court of Appeal the practical consequences listed above will remain part of the common law of defamation of the Cayman Islands and will have the effect of curtailing freedom of speech in the Cayman Islands. Linda does not intend to allow that to happen and is therefore appealing the Judgment to the Court of Appeal as well as continuing to pursue her defence of the main action against her in the Grand Court, with our support.

Further details will be added as the case progresses.

Reported in the press:

Cayman News Service (CNS), May 9, 2022

Judge finds words about Developer Defamatory

Cayman Compass, May 6, 2022

Developer wins facebook libel case

Cayman Marl Road (CMR), May 6, 2022

Developer wins defamatory lawsuit against activist

Cayman Marl Road (CMR), July 19, 2021

Developer Sues Environmental Activist