Jailed over Facebook posts
KINGSTOWN – A magistrate in St Vincent has jailed two people for defaming a woman on Facebook and distributing nude photos of her on WhatsApp.
The man and woman were each jailed for just under ten months, fined EC$65 000 (EC$1=US$0.37 cents) and ordered to pay EC$29 000 in compensation.
Senior Magistrate Tammika McKenzie handed down the sentences on Zarrieta Zavisha Wilson, 34, and Reno Roberts, 27, after they pleaded guilty to charges under the Cybercrime Act.
A pregnant Wilson pleaded guilty to charges of using a computer system to distribute sexually explicit images of the virtual complainant (VC) that contained her personal identification information, and transmitting and distributing the images on WhatsApp.
She further pleaded guilty to publishing defamatory comments of the VC on October 10.
Roberts admitted that on October 10 on WhatsApp and Facebook, he intentionally and without lawful excuse or justification, and without the consent of the woman, used a computer to transmit sexually explicit images of her which contained her personal identification information.
Accusation
The court heard that the VC was at work when Wilson accused her of having an intimate relationship with one of her co-workers.
An argument ensued with Wilson throwing beer in the woman’s face in the presence of the co-worker of whom she had accused the VC.
Then, on October 10, the VC was at work when that co-worker informed her Wilson had sent him nude photographs of her via WhatsApp. She recognised some of the photos as being of her because they contained her face, tattoos and piercings.
The VC had known that Roberts had taken the photos without her permission and had threatened to post them on Facebook.
Then, on October 11, several of the VC’s relatives and friends telephoned and informed her that Wilson had posted nude photos on her WhatsApp status. The woman then received a screenshot of a Facebook post in which Wilson made the defamatory comment.
She told police she felt hurt, embarrassed, violated and less of a woman because of the Facebook post.
Further, she is the only woman at the place mentioned in the post that is known by the name mentioned. Additionally, she has a tattoo of the name.
The court heard that after Roberts saw Wilson’s post, he sent her the nude photos of the VC.
Roberts also placed the photos and the VC’s number in a porn group on WhatsApp, resulting in over 1 000 people soliciting her.
At the sentencing, the two blamed each other with Wilson saying she did not ask Roberts to
send her the photos. Roberts blamed Wilson, saying he did not tell her to post them on WhatsApp.
The senior magistrate noted that there were no guidelines for sentencing people for cybercrimes, but used the guidance of the Jamaican case Donovan Powell v the Queen.
“I have heard both of you. Roberts, you said you want a chance – prison doesn’t agree with you,” Senior Magistrate McKenzie said, adding that her duty was not only to hear the defendant.
“I have to consider the aims of sentencing, the effect on society, how you can be reformed and deter other people.”
She added she found Roberts’ actions particularly egregious because there was no reason for him to act as he did.
“She decided to go on Facebook and defame the woman by saying [what she said]. You wanted to illustrate your intimate knowledge of [the VC] and decided to share those photos . . . .
“I am not satisfied that you had any justification and by virtue of what you said, you know it was a situation that could not have been in any way at all in any favour of [the VC].
“You saw what Wilson posted and you thought, ‘Why not go a step further?’ You went and dropped it in a porn chat and shared her number, which caused over 1 000 people to be messaging her.”
‘A mistake’
Roberts said sending the images in a porn chat was “a mistake”.
“It is a mistake that I hope other people will learn from,” McKenzie said.
For distributing the photo, the magistrate fined Roberts EC$15 000 to be paid by December 1, 2026, or a year’s imprisonment, to run consecutive to the 9.5-month prison term. On the second charge of transmitting the photo, Roberts was fined EC$10 000 to be paid by April 30, 2026, or the maximum year in prison, consecutive to the other prison term.
McKenzie also ordered Roberts to pay EC$12 500 compensation by October 21 next year or spend an additional year in prison.
The magistrate noted that Wilson’s actions in making the Facebook post spurred everything. She ordered her to pay EC$14 000 in compensation by September 30, 2025, or spend one year in prison.
“Pregnancy is no excuse,” the magistrate told Wilson as she made it clear that she, too, would serve 9.5 months.
For distributing the images, she was fined EC$15 000, to be paid by September 30, 2026, or one year in prison, consecutive to the other jail term. On the third charge, Wilson was fined EC$10 a000 to be paid by March 31, 2027, or another year in prison. ( CMC)
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