TikToker wants to offer a traditional apology to Tabuya over derogatory video

A 31-year-old man has told the High Court he is willing to offer a traditional apology to Minister for Information Lynda Tabuya after posting derogatory comments about her on TikTok.

TikToker Lui Vuiberata, also known as Xcon, faces one count of causing harm by posting electronic communication, criminal intimidation, and indecently insulting or annoying a person.

Vuiberata appeared with Legal Aid Commission lawyer Eroni Navuda for mitigation and sentencing submissions before Justice Daniel Goundar in the High Court in Suva today.

He earlier entered a guilty plea to allegations that he made derogatory comments about Ms Tabuya during a live TikTok video on September 14 last year.

In mitigation, Mr Navuda said his client was heavily intoxicated when he made the video using a friend’s TikTok account.

Mr Navuda said Vuiberata realised his actions the following day when he saw the video.

He said Vuiberata understood the damage the video had caused the minister and his family and was ashamed and remorseful.

Mr Navuda said Vuiberata was willing to offer a traditional apology to convey his remorse and regret.

While taking full responsibility for his actions, Mr Navuda said the publicity surrounding the case had also affected Vuiberata’s family.

The court heard he was in a de facto relationship and had two children. His partner is employed, while he farms and sells items online with support from his parents, who live in Australia.

The court also heard Vuiberata completed his high school education in Australia and later worked in construction before he was deported to Fiji after committing an offence there.

Mr Navuda sought a suspended sentence for his client, noting he had already spent 46 days in remand and that the public shame had been a significant deterrent.

Vuiberata was also willing to pay a fine of about $1,000 to $2,000.

State prosecutor Tevita Neimila read Ms Tabuya’s victim impact statement in court.

In the statement, Ms Tabuya said she felt shocked and embarrassed by the accused’s outburst.

Mr Neimila said the minister found it difficult to face the public after the video circulated.

Ms Tabuya said that as a public servant, mother, woman and grandmother, the video caused her loss of appetite, motivation, and energy.

She said freedom of expression should not degrade or humiliate another person.

Mr Neimila also told the court there was no sentencing tariff for the charge. However, case authorities from New Zealand suggested a starting point of a two-year custodial sentence, although suspended sentences had also been imposed in similar matters.

Vuiberata has been remanded in custody and will be sentenced next Tuesday.