The Court of Appeal has upheld a lower court ruling awarding Energy and Energy Industries Minister Dr. Roodal Moonilal TT$475,000 in damages over a defamatory newspaper article published in 2016.
The article, which appeared in the now-defunct T&T Mirror in May and June 2016, referenced a list circulating on social media claiming that Moonilal was the fourth-richest person in Trinidad and Tobago with a net worth of TT$2.58 billion. The list was never verified, and no evidence was presented to support the claim.
Freelance columnist Juliet Davy was also ordered by the Court of Appeal to pay TT$69,000 in costs and an additional TT$46,000 related to the appeal.
In 2020, High Court Justice Robin Mohammed ruled that the articles were defamatory and rejected the defence of fair and honest comment.
Upholding this decision, the Court of Appeal found the articles made serious claims without evidence and emphasized that repeating unverified online rumours does not constitute responsible journalism.
“The onus of responsibility lies with journalists to verify information before publication,” the court stated, adding, “Freedom of speech does not mean freedom from accountability.”
The judges agreed that the trial court correctly applied legal standards, including the “reasonable reader” test, concluding the articles carried defamatory meanings. They also found that Davy’s defence failed because her comments were not based on proven facts nor did she demonstrate belief in the truth of the allegations.
The court cautioned that republishing defamatory statements—even when citing rumours—requires proof of the truth behind those allegations, not just the existence of the rumour itself.
In dismissing the appeal, the Court of Appeal reiterated the importance of responsible public discourse, especially in political matters, underscoring that free speech must be balanced with respect for individual reputations.
