ATTORNEY Caroline Hay has cautioned users of popular social media platforms to be careful about their usage as they are not exempt from action under the country’s libel laws.

Hay said that while she is an advocate for free speech and she understands that speech may well be harsh and unpopular, it must never be injurious, noting that the social media space is dynamic and instant. “’Once you tweet you are immediately everywhere.

It’s therefore impossible to control the harm that a careless, reckless or unfounded comment can cause” the attorney said in an interview with the Jamaica Observer.

‘When a request for retraction is refused, it aggravates the problem. Others might re-publish the damaging comment.

The court has punished this kind of defamation quite severely. So be very careful what you put on the net. Have no expectations of privacy and mind your tongue, since words are far more costly than sticks and stones,” the attorney added.

Hay’s comments came after she secured an out-of-court settlement last week and a public apology from Dr Khia Duncan, the daughter of Government MP D K Duncan, following hacking allegations she made against Nationwide Radio journalist Abka Fitz-Henley on Twitter and Instagram.

Faced with the threat of litigation, Dr Khia Duncan apologised and conceded that her allegations were baseless.

“I make it clear that I have no evidence that Mr Fitz-Henley was involved in any hacking into my account.

As a result I unreservedly withdraw my statements to that effect,” said Dr Khia Duncan in an apology sent to the journalist.

“I also apologise to Mr Fitz-Henley for any embarrassment my actions may have caused,” she said. The micro-blogging website Twitter recently revealed that as of the second quarter of this year it averaged at 304 million users, while as of the second quarter of 2015 Facebook had 1.49 billion monthly active users.

Attorney Hay said that in the 21st century it must be noted that tweets and Facebook posts are among the more easily reproduced published material.

Hay said ‘the allegations against her client were unfounded and most unfortunate’ and ‘led to ridicule and questioning of his integrity in Jamaica and abroad’. She said her client has asked her to communicate that he has forgiven Dr Khia Duncan.

— Paul Henry