A man who posted abusive comments about Minister for Information Lynda Tabuya on social media has been handed a suspended prison sentence by the Suva High Court.
Lui Bale Vuibureta pleaded guilty to one count of causing harm by posting an electronic communication, contrary to Section 24 of the Online Safety Act 2018.
Vuibureta was sentenced to eight months imprisonment, which was fully suspended for two years under the Sentencing and Penalties Act 2009.
The suspension is conditional on him not committing any offence punishable by imprisonment for two years.
He was also ordered to pay a $1,000 fine within one month from today, or face three months imprisonment if the payment is not made.
This offence carries a maximum penalty of a $20,000 fine, up to five years imprisonment, or both for an individual.
The court heard that on 14 September last year, Vuibureta went live on TikTok from his home using his account where he directed a series of vulgar, degrading and sexually explicit insults at Tabuya, accusing her of sleeping with married men and repeatedly referring to her in offensive terms.
The video was later shared in the “Chat Fiji Facebook group, which had around 41,200 members, significantly increasing its reach.
The Suva High Court considered the victim impact statement that the minister suffered serious emotional distress following the incident, including uncontrollable crying, loss of appetite, low energy, embarrassment and withdrawal from public engagements.
The Suva High Court heard that her family also experienced distress after witnessing the abuse and its impact.
While sentencing, Justice Daniel Goundar said the offence was serious and required a sentence that denounces such conduct and deters others from using social media to vilify and humiliate individuals, particularly women in public office.
The Suva High Court considered that Vuibureta was a first-time offender, the incident was a single episode, and he had good prospects of rehabilitation and strong family support.
The judge also noted he had already experienced time in remand.
The court stressed that online platforms are not a licence to abuse, degrade or humiliate others, noting that messages broadcast to large audiences can have serious real-world consequences.
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Nikhil Aiyush Kumar