SHOOT: It will be an interesting exercise if Bain pursues this, because then I think he will really incur the wrath of social networks. It will also precipitate a public/online trial, and one I'd guess, Bain would lose.
Hundreds of users of the social networking website Facebook could be sued for defamation for joining a group that claims David Bain is guilty of murder, a media law expert warns.
Mr Bain was acquitted last Friday by a jury in the High Court at Christchurch for killing his parents and three siblings.
However, a group called "David Bain is Guilty" has appeared on Facebook. It has more than 300 members.
Part of the introduction to the group site says "Join this group if you still believe in justice. . .."
"The main defence would be, is it true? And if David Bain wanted to test that in court he could sue for defamation."
The person making the claim would then have to prove on the balance of probabilities, that Mr Bain did it, Mr Price said.
"And that's very different from a standard of reasonable doubt."
It would not matter whether people joined the groups before or after Mr Bain was acquitted of the crimes, they could still be taken to court, he said.
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