Man jailed 2 years for posting offending cartoon images on social media
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Man jailed 2 years for posting offending cartoon images on social media
PORT MORESBY: A 60-year-old father of four was jailed two years for posting a defamatory publication and harassing a businessman and his company between Sept 7 and 12.
However, Lae National Court Acting judge Justice John Numapo suspended the sentence and placed him on a good behaviour bond for 12 months.
In sentencing, Justice Numapo warned the public of the repercussions of posting defamatory items on social media as they are liable under the Cyber Crime Code Act 2016.
The details of the court proceedings and judgement was published by The National:
Judge: Watch what you post on social media
By HEZRON KISINGA JUDGE has warned people of the repercussions of posting defamatory items on social media, while jailing an offender two years yesterday.
Acting judge Justice John Numapo told the National Court in Lae that cybercrime was a “pretty new offence and still being tested”, referring to the enactment of the Cyber Crime Code Act 2016.
“It came about as a result of the advent of Facebook and other social media platforms on information communication technologies whereby people post their views and comments on virtually anything and everything,” he said.
“There is no scrutiny or control over what is posted or uploaded onto the sites.”
He said there was “very little in terms of case laws in this area”.
“There is also no precedent to follow in so far as penalty is concerned. The court is therefore left to decide on its own what should be the appropriate penalty for this offence.”
He handed down the two-year jail term on Thompson Benguma, 60, a father of four from Yangoru-Sausia district in East Sepik, but suspended the sentence and placed him on a good behavior bond for 12 months.
“I consider this a peculiar case with its own unique circumstances as opposed to another mainstream criminal cases that we are all familiar with. As a result it must be given a special consideration,” he said.
The court was told that Benguma had made a defamatory publication and a harassment post on Facebook about a businessman and his company between Sept 7 and 12.
He posted cartoon images depicting officers manhandling the businessman.
Acting judge Justice John Numapo told the National Court in Lae that cybercrime was a “pretty new offence and still being tested”, referring to the enactment of the Cyber Crime Code Act 2016.
“It came about as a result of the advent of Facebook and other social media platforms on information communication technologies whereby people post their views and comments on virtually anything and everything,” he said.
“There is no scrutiny or control over what is posted or uploaded onto the sites.”
He said there was “very little in terms of case laws in this area”.
“There is also no precedent to follow in so far as penalty is concerned. The court is therefore left to decide on its own what should be the appropriate penalty for this offence.”
He handed down the two-year jail term on Thompson Benguma, 60, a father of four from Yangoru-Sausia district in East Sepik, but suspended the sentence and placed him on a good behavior bond for 12 months.
“I consider this a peculiar case with its own unique circumstances as opposed to another mainstream criminal cases that we are all familiar with. As a result it must be given a special consideration,” he said.
The court was told that Benguma had made a defamatory publication and a harassment post on Facebook about a businessman and his company between Sept 7 and 12.
He posted cartoon images depicting officers manhandling the businessman.
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