Businessman Inshan Ishmael intends to sue a policeman, a businessman and a private citizen for defamation after they allegedly breached a court order by reposting the original, unedited version of veteran calypsonian Weston “Cro Cro” Rawlins’s song Another Sat Maraj is Outside.
In separate letters to the three – Chad Risbrooke, Finbar Rochford, and a businessman whose social media handle is Qbannz Rich – Ishmael’s attorney Richard Jaggasar alleges despite a court order prohibiting the publication of the original version, they reposted it on different social media platforms – Facebook, Instagram and Tik Tok – in March and April.
“As a general rule, an individual who repeats or republishes defamation will be subject to the same liability as the publisher of the original defamatory material,” the letters said.
Jaggasar told the three the timing of their posts should be considered and they republished the defamatory statements although they knew the injunction was in place.
He said they had a responsibility to themselves and their viewers, but “abused that power” and sought “to make a mockery of an existing court order."
Jaggasar gave each man 14 days to reply in an effort to resolve the matter amicably and quickly, or Ishmael will file a claim seeking an immediate written apology in all three daily newspapers; an injunction; general and exemplary damages, interests and costs.
Each letter contained screenshots of each man’s social media accounts and the posts complained of.
These letters followed one that Jaggasar sent to Rawlins on April 5, in which he was asked to urge the public to stop sharing the original version of his song.
Jaggasar said the public continued to share the song despite the injunction restraining Rawlins from performing it unless edited to remove “offending portions” and also preventing the calypsonian’s servants, agents, or otherwise from redistributing, publishing, disseminating or posting the song, not only at concerts but on social media as well.
Justice Frank Seepersad granted the injunction on March 18, hours before Rawlins’s concert series that weekend in San Fernando and Port of Spain.
Jaggasar said days after the order was made, unedited versions of the song, along with the injunction, were reposted on several social media platforms. He identified three particular repostings and supplied screenshots of them.
The trial of Ishmael’s defamation claim against Rawlins is set for November before Seepersad.
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