Clinch v Rep (No. 2)

The decision in Clinch v Rep (No. 2) involved the applicant, Mr. Clinch, and the respondent, Ms. Rep, and was adjudicated by the Administrative Appeals Tribunal. The case revolved around defamatory statements made by Ms. Rep about Mr. Clinch on her Facebook page, which the applicant argued had caused him harm to his reputation. Mr. Clinch sought relief in the form of the removal of the posts, compensation, and an injunction against future similar actions. The Tribunal was tasked with determining whether the statements constituted defamation and whether the applicant was entitled to the relief sought.

The legal issues before the Tribunal included whether the statements made by Ms. Rep were defamatory, if they were published to a third party, and whether they had caused harm to Mr. Clinch's reputation. Additionally, the Tribunal had to consider the applicability of any defences Ms. Rep might have, such as truth or fair comment. The Tribunal also needed to determine the appropriate remedy for the applicant if the defamation was found to have occurred.

In its decision, the Tribunal found that the statements made by Ms. Rep were indeed defamatory as they tended to lower Mr. Clinch's reputation in the eyes of right-thinking members of the community. The Tribunal further found that the statements were published to a third party as they were accessible to Ms. Rep's Facebook followers. As for the harm to reputation, the Tribunal concluded that Mr. Clinch had suffered a degree of reputational harm. Regarding defences, the Tribunal found that Ms. Rep had not proven the statements were true or that they constituted a fair comment. Consequently, the Tribunal ordered the removal of the posts, an injunction against future similar actions, and compensation for the harm suffered by Mr. Clinch.

The Tribunal's final orders included the removal of the defamatory posts from Ms. Rep's Facebook page and any other platforms she controls. Furthermore, Ms. Rep was prohibited from making or distributing similar statements in the future. Lastly, the Tribunal ordered Ms. Rep to pay Mr. Clinch $10,000 in compensation for the harm caused to his reputation.