Cables v Winchester

In Cables v Winchester, the plaintiff sought an assessment of damages for defamatory publications made by the defendant on Facebook. The defamatory content was shared widely, leading to significant reputational harm for the plaintiff. The matter was heard in the Supreme Court of Victoria.

The court was required to determine the extent of the defamation and its impact on the plaintiff's reputation. Key issues included the assessment of general and aggravated damages, considering the widespread dissemination of the defamatory content. The court also had to consider the 'grapevine effect', where the harm from defamation extends beyond the initial audience to a broader community.

The court applied the principles set out in Wilson v Bauer Media & Anor, recognising that the defamation was severe and the consequences substantial. The court found that the widespread sharing of the defamatory content on Facebook exacerbated the harm, leading to significant reputational damage. Consequently, the court awarded the plaintiff general damages of $150,000 and aggravated damages of $50,000, totaling $200,000.

The court ordered the defendant to pay the total damages to the plaintiff. The decision emphasised the serious nature of defamation and the significant harm that can result from its spread through social media platforms.