Under the Libel and Defamation Act, Chapter 11:16 of the Laws of Trinidad and Tobago, a post on Facebook, a message in a WhatsApp group, or a repost on Instagram can form the basis of a defamation lawsuit. T&T courts have consistently held that social media constitutes publication under common law principles — and damages awards have ranged from TT$40,000 to TT$740,000 in recently decided cases.
What Is Defamation Under T&T Law?
Defamation is the publication of a false statement of fact about a person that damages their reputation. The law in Trinidad and Tobago distinguishes between two forms:
- Libel — a defamatory statement in written or permanent form, including text posts, images, and videos published online
- Slander — a defamatory statement in spoken or transient form
Social media content — regardless of platform — is treated as libel, not slander, because it is published in a permanent, readable form capable of being accessed by an unlimited audience.
To succeed in a defamation claim in Trinidad and Tobago, the claimant must prove five elements:
| Element | What the claimant must show |
|---|---|
| Statement of fact | The words complained of assert a fact, not a pure opinion |
| Falsity | The statement was not true |
| Reference | The statement referred to the claimant, even if not named directly |
| Publication | The statement was communicated to at least one person other than the claimant |
| Reputational harm | The statement caused, or was likely to cause, damage to the claimant's reputation |
Does T&T Law Apply to Social Media Posts?
Yes. The courts of Trinidad and Tobago have definitively settled this question. In DRA and Ors. v Jenelle Burke (CV 2016-02974), Justice Seepersad held that postings on social media platforms — including Facebook, Twitter, Viber, and WhatsApp — must be viewed as formal publications, and that the common law tests for libel apply in full. There is no special immunity or reduced standard for online content.
In Joseph v Charles (CV 2016-03205), the defendant posted on Facebook suggesting that a prison officer had left her children unsupervised. Justice Margaret Mohammed found the post defamatory and awarded TT$75,000 in compensation. The court held that an ordinary reasonable person reading the post would conclude the officer was irresponsible and unfit for service — and that was sufficient to sustain the claim.
The platform does not matter. Facebook, WhatsApp, Instagram, TikTok, X (formerly Twitter), and Viber have all featured in T&T defamation proceedings. The same legal principles apply to each.
What About WhatsApp Groups — Is That "Private"?
No. WhatsApp group messages are treated as publications under T&T defamation law, regardless of the group's membership or perceived privacy.
In MS v CH (CV 2020-00493), two members of the Trinidad and Tobago Police Service were in a WhatsApp group with more than 211 participants. The defendant made allegations that the claimant had obtained her position through sexual favours and was engaged in criminal activity. The court found those statements defamatory and awarded TT$75,000 in damages. The size of the group and the nature of the audience — many of them the claimant's colleagues — were relevant to the assessment of harm.
The principle is straightforward: if a defamatory message reaches at least one person other than the claimant, the publication element is satisfied. A group of 211 police officers represents a publication of the most serious kind.
Can You Be Liable for Sharing or Reposting Someone Else's Post?
Yes. Under T&T law, each republication of a defamatory statement is treated as a fresh act of publication — and creates fresh liability. The fact that you did not write the original post is no defence if you shared, forwarded, or reposted it.
This principle was applied directly in Ranjitsingh v Ragoonanan, a case decided by Justice Devindra Rampersad in which the defendant reposted defamatory content about a school principal on Facebook and Instagram. The court found that by reposting and endorsing the content without verification, the defendant "adopted the posts wholesale" — making the contents his in substance. The manner of reposting was described as "wholly unacceptable and entirely egregious," and the damages awarded were TT$417,500 plus TT$57,500 in legal costs. A permanent injunction barring future republication was also granted.
In practical terms: - Forwarding a WhatsApp message that contains defamatory content makes you a publisher of that content - Sharing a Facebook post that defames someone exposes you to the same liability as the original poster - Reposting on Instagram or TikTok is a fresh publication, not a mere repetition
What Are the Defences to Defamation in Trinidad and Tobago?
There are four main defences available under the Libel and Defamation Act and common law:
Truth (Justification)
If the defendant proves that the words complained of were true in substance, this is a complete defence. The burden of proving truth rests on the defendant. This is the most commonly attempted defence and the most difficult to establish — because it requires proving the specific facts alleged, not merely that the general impression was accurate.
Fair Comment
A statement framed as comment or opinion on a matter of public interest may be protected — but only if all of the following conditions are met: the comment was based on true underlying facts; it was honestly made; and it was not motivated by malice. This defence is narrower than it appears. A post that says "I think she's a thief" is not protected simply because it uses the word "think" — if it implies specific factual accusations, it can still be defamatory.
Absolute Privilege
Statements made in Parliament or during court proceedings are completely protected, regardless of their truth or falsity. Public policy requires that participants in these forums be able to speak freely. This protection does not extend to social media posts about the same subject matter made outside those proceedings.
Qualified Privilege
This protects statements made in circumstances where there is a recognised duty or interest on the part of both the person making the statement and the person receiving it. The defence is defeated if the claimant can prove malice — that is, that the defendant was motivated by spite or personal animosity rather than by the duty or interest that would otherwise justify the communication.
What Damages Can a Court Award?
T&T courts have awarded significant damages in social media defamation cases. The following table summarises confirmed recent awards:
| Case | Year | Platform | Damages (TT$) |
|---|---|---|---|
| Educator v Medical Professionals | 2025 | Social media | $740,000 |
| Ranjitsingh v Ragoonanan | 2024/25 | Facebook, Instagram, TikTok | $417,500 + costs |
| Cro-Cro v Inshan Ishmael | 2024 | Public performance + radio | $250,000 |
| MS v CH (CV 2020-00493) | 2020–2023 | $75,000 | |
| Joseph v Charles (CV 2016-03205) | 2018 | $75,000 | |
| Mitchell v Mitchell | 2025 | Facebook, WhatsApp | $40,000 + costs |
Courts award both general damages (for injury to reputation) and aggravated damages (where the defendant's conduct made the harm worse — for example, by publishing on multiple platforms, refusing to remove content, or repeating allegations after being asked to stop). In the most serious cases, permanent injunctions are granted preventing future publication, and courts have also imposed suspended custodial sentences where a defendant has continued to make defamatory statements after judgment.
The limitation period for bringing a defamation claim in Trinidad and Tobago is four years from the date of publication, under Section 3 of the Limitation of Certain Actions Act, 1997.
What the Law Says in Trinidad and Tobago
The primary statute governing defamation in Trinidad and Tobago is the Libel and Defamation Act, Chapter 11:16 of the Laws of Trinidad and Tobago. The Act governs both civil and criminal defamation, with criminal liability arising where a person maliciously publishes a defamatory statement knowing it to be false. The criminal penalty is imprisonment of up to two years.
For civil claims, the Act codifies the distinction between libel and slander and sets out the defences available to defendants. Courts apply common law principles alongside the Act, drawing on English and Caribbean jurisprudence where local authority does not exist on a specific point.
The consistent position of the T&T courts is that social media content is libel, not slander — because it is published in permanent, searchable, shareable form. The judgments in DRA v Burke, MS v CH, Ranjitsingh v Ragoonanan, and the 2025 Coast Guard case (Mitchell v Mitchell, decided by Justice Margaret Mohammed on November 28, 2025) have built a clear body of local precedent on the application of defamation law to digital communications.
Trinidad and Tobago has no equivalent of the UK's Defamation Act 2013 or the US's Section 230 immunity for online platforms. The law as it stands offers no safe harbour for platforms that host defamatory content, and no distinction in liability between professional publishers and individual social media users.
Practical Steps If You Have Been Defamed Online
Preserve the evidence immediately. Take screenshots with visible timestamps, note the URL or group name, and record who posted and who can see it. Social media content can be deleted quickly — once it is gone, your ability to prove what was said may depend entirely on what you saved.
Do not respond publicly. Replying on social media escalates the dispute and may be used against you. Take the matter to a lawyer first.
Seek legal advice before asking for removal. In some cases, deletion of the post — particularly if done quickly after complaints — can be used as evidence of the defendant's awareness of wrongdoing. An attorney will advise on whether to request removal, seek an injunction, or preserve the evidence for proceedings.
Act within the four-year limitation period. Time begins to run from the date of publication. Do not assume that because a post is old, the legal option has passed — but equally, do not delay unnecessarily.
Frequently Asked Questions
Can I be sued for a WhatsApp message I sent in a private group?
Yes. T&T courts treat WhatsApp group messages as publications. The case MS v CH (CV 2020-00493) established this directly — a WhatsApp message sent to a group of over 200 people resulted in a TT$75,000 damages award. Even a message to a small group satisfies the publication requirement as long as at least one person other than the subject receives it.
What if I was just sharing someone else's post — am I still liable?
Yes. Each republication is treated as a fresh act of publication under T&T law. If you forward, share, or repost content that defames someone, you can be held liable to the same extent as the original author. In Ranjitsingh v Ragoonanan, a defendant who reposted defamatory content without verification was ordered to pay TT$417,500 because the court found he had adopted the content as his own.
What is the difference between an opinion and a defamatory statement?
Framing a statement as opinion does not automatically protect it. What matters is whether a reasonable person would understand the statement as asserting a fact about the subject. "In my opinion she is dishonest" implies a factual basis and can be defamatory. A genuine expression of opinion — "I had a bad experience at this business" — is generally protected. The line turns on whether the words impute specific conduct or qualities that are capable of being proven true or false.
How much can I claim in a defamation case in Trinidad and Tobago?
There is no fixed scale. Recent awards range from TT$40,000 to TT$740,000 in damages. The amount depends on the seriousness of the allegations, the extent of publication, the claimant's standing in the community, the effect on their professional and personal life, and whether the defendant aggravated the harm — for example, by publishing on multiple platforms, repeating the allegations, or refusing to retract. Courts can also award aggravated and exemplary damages where conduct is particularly egregious.
How long do I have to bring a defamation claim in Trinidad and Tobago?
The limitation period is four years from the date of publication, under Section 3 of the Limitation of Certain Actions Act, 1997. If the defamatory content remains published and accessible online, there is a legal question as to whether the publication is continuing — which may affect when time begins to run. Legal advice should be taken on the specific facts.
What should I do if someone is defaming me on social media right now?
First, preserve the evidence — take screenshots and note timestamps. Second, do not respond publicly. Third, contact a lawyer before requesting removal, as deletion can sometimes complicate proceedings. If the defamation is ongoing and causing serious harm, an urgent injunction can be obtained from the High Court to stop further publication while the substantive claim is pursued.
Written by Martin George, Attorney-at-Law. Martin George is the founder and principal attorney of Martin George & Company, with more than 35 years of active legal practice in the courts of Trinidad and Tobago. He is a former Commissioner on the Law Reform Commission of Trinidad and Tobago and a member of the Prime Minister's Constitutional Committee for Internal Self-Government for Tobago. This article is published for general information and public legal education. It does not constitute legal advice. For advice on your specific situation, contact Martin George & Company.
Last reviewed: April 2026