Kampala, Uganda: The High Court in Kampala has ruled that defamatory statements made in public digital forums such as WhatsApp groups can cause serious reputational damage and attract legal liability.
Justice Esta Nambayo of the Civil Division delivered the ruling in a defamation case in which Kebirungi Sally Sandra sued Sylvia Gladys Mireku, also known as Sylvia Gladness, over statements posted in a university alumni WhatsApp group.
The court found that Mireku’s remarks were defamatory and had injured Kebirungi’s reputation among her former classmates.
According to court records, both parties were classmates at Makerere University between 2001 and 2004 and members of a WhatsApp alumni group called “Stat Class 2004,” which has about 54 members.
Kebirungi told court that Mireku posted messages in the group on June 7 and 8, 2022, which she said were malicious and intended to damage her reputation.
The plaintiff sought a court declaration that the statements were defamatory, a retraction and apology, a permanent injunction preventing further defamatory remarks, as well as damages and legal costs.
In her ruling, Justice Nambayo held that the statements made by Mireku were reckless and malicious and portrayed Kebirungi as untrustworthy among her colleagues.
The judge noted that the remarks exposed the plaintiff to ridicule and harmed her professional reputation. “In this case, I find that the words used against the Plaintiff have the tendency of lowering her image and self-esteem before her colleagues and are therefore defamatory,” Justice Nambayo ruled.
The court observed that defamatory comments posted in digital forums such as WhatsApp groups can have the same legal consequences as statements published in traditional media.
Justice Nambayo also referenced the earlier case of Geoffrey Ssejjoba v Rev. Rwabigonji Patrick (Civil Suit No. 1 of 1976), which defined defamation as statements that lower a person’s reputation in the eyes of right-thinking members of society.
The High Court awarded Shs5 million in general damages to Kebirungi for the reputational harm, emotional distress and mental anguish caused by the statements.
An additional Shs500,000 in punitive damages was awarded to penalise the defendant for what the court described as reckless conduct.
Mireku was also ordered to pay the costs of the lawsuit.
Against the backdrop of the ruling, legal analysts say the decision by court highlights the growing accountability for statements made on digital platforms and social media forums.
The court emphasised that people must exercise caution when discussing personal or financial disputes in public digital spaces, as such remarks can easily damage reputations and attract defamation claims.
If you would like your article/opinion to be published on Uganda’s most authoritative news platform, send your submission on: [email protected]. You can also follow DailyExpress on WhatsApp and on Twitter (X) for realtime updates.
