Dr. Balwant Singh’s Hospital has been denied its request for an injunction, restraining local social media personality Melissa Atwell, popularly known as ‘Melly Mel,’ from making Facebook posts compiling complaints against it.
At an in-chamber hearing yesterday afternoon, Justice Fidela Corbin-Lincoln in refusing the injunction noted that the hospital had supplied no evidence to substantiate that the posts made by Atwell were untrue, thus warranting the injunction.
Following the hearing, Attorney Ganesh Hira, one of Atwell’s legal representatives, explained to reporters that the court did consider implications for Atwell’s fundamental constitutional right to freedom of speech.
This, he noted, had to be balanced with the court’s finding on preliminary issues, that the hospital did not show that the posts made by Atwell were untrue.
The lawyer further explained that this is an essential element to prove in establishing culpability for libel, while stating that the posts made by his client amount to “fair comment.”
Given all the circumstances, he said that the judge denied the hospital’s request for the injunction.
The case will now proceed to trial.
The medical institution has since filed a more than $100 million lawsuit against Atwell for defamatory libel which it says has caused it injury.
Apart from seeking $100 million in damages, which Atwell has called “terrifying,” the privately-owned hospital is also claiming damages for libel in a sum no less than $5 million and special damages no lower than $100,000 and any further order the court may deem fit to grant.
The medical institution (the claimant) is also seeking interest on the sums being sought and court costs to be borne by Atwell.
In her affidavit, Atwell is asking the court to note that in the affidavit of Dr Madhu Singh, the proprietress of the hospital, the purported falsity of the complaints that she has taken issue with “are without any particularity and thus have failed to substantiate same in even the slightest.”
Atwell swore that the complaints she received were all sent to her as messages, while noting that she has communicated with each person for confirmation of details.
According to her, while the persons are not connected to each other in any way, “it is inescapable that their stories all have common threads,” and that it was apparent that all of them spoke negatively about their experiences at that particular hospital.
She deposed that in the circumstances “the underlying facts apparently relate to medical treatment to general members of the public who seek treatment at the hospital and I am advised by counsel and verily believe the stories constitute a fair comment by persons who have a right to make public their experiences.”
According to Atwell, “the public ought to be made aware of the events… for their own information and guidance.”
Atwell has over the last few years used social media to address various issues, including domestic and sexual abuse.
