Woman awaits sentence over derogatory Facebook posts

A woman who is the first to be charged under the Online Safety Act, after making multiple derogatory posts on a public Facebook forum about another woman, is now awaiting sentencing.

Archaal Devi is charged with one count of causing harm by posting electronic communication. She appeared before Resident Magistrate Yogesh Prasad yesterday for her sentence submission.

Devi is charged under Section 24(1)(a)(b) and Section 2(a) of the Online Safety Act. The court heard that on August 26, Devi changed her plea to guilty after opening a fake Facebook account and posting multiple derogatory statements against the complainant, who was a friend.

State prosecutor Talica Volavola argued that Devi’s actions were harmful and had affected the complainant. The prosecution requested a custodial sentence, citing the prevalence of such issues on social media.

Ms Volavola said a custodial sentence would serve as a deterrent to other social media users. The prosecution submitted the complainant’s victim impact statement and asked the court to consider it.

Defence lawyer Suraj Sharma requested a suspended sentence, arguing that the matter was not serious. Mr Sharma said his client’s actions were in retaliation to previous posts made by the complainant on the public forum Buy and Sell, where Devi was allegedly being sold for prostitution.

In mitigation, Mr Sharma said Devi was remorseful and that the matter was not of public interest.

Devi was given the opportunity to speak in court, where she admitted her mistake, apologised, offered to pay the complainant $2000, and pledged to issue a public apology in court and on Facebook.

Magistrate Prasad thanked both parties for their precise submissions and case law references, but said he needed time to review the facts and legal arguments before delivering a sentence.

The matter has been adjourned to November 28 for sentencing. Devi remains on bail.

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