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| Twitter users should learn lessons from Sally Bercow's libellous tweet | Twitter users should learn lessons from Sally Bercow's libellous tweet |
| (4 months later) | |
| Golly gosh fellow tweeters… following the Sally Bercow libel verdict you should beware letting your fingers and thumbs run away with themselves. | Golly gosh fellow tweeters… following the Sally Bercow libel verdict you should beware letting your fingers and thumbs run away with themselves. |
| The high court ruling, though specifically dealing with Bercow's tweet about Lord McAlpine, will surely have wider ramifications. | The high court ruling, though specifically dealing with Bercow's tweet about Lord McAlpine, will surely have wider ramifications. |
| It is not the first example of a Twitter user being sued for libel, but it is such a high-profile case it should concentrate the minds of those who think they can say anything about anyone and remain safe from prosecution. | It is not the first example of a Twitter user being sued for libel, but it is such a high-profile case it should concentrate the minds of those who think they can say anything about anyone and remain safe from prosecution. |
| Bercow, in her response to the judge's decision, was sensible enough to see it as "a warning to all social media users." | Bercow, in her response to the judge's decision, was sensible enough to see it as "a warning to all social media users." |
| She said she realised now that "things can be held to be seriously defamatory, even when you do not intend them to be defamatory and do not make any express accusation." | She said she realised now that "things can be held to be seriously defamatory, even when you do not intend them to be defamatory and do not make any express accusation." |
| Well, I fear Bercow may be a little disingenuous there. Let's recall the circumstances. BBC2's Newsnight ran a report in November last year about a "senior Conservative" having been involved in a child abuse scandal. | Well, I fear Bercow may be a little disingenuous there. Let's recall the circumstances. BBC2's Newsnight ran a report in November last year about a "senior Conservative" having been involved in a child abuse scandal. |
| According to several Twitter posters, the man was Lord McAlpine. But, as The Guardian soon revealed, those accusations were the result of mistaken identity. | According to several Twitter posters, the man was Lord McAlpine. But, as The Guardian soon revealed, those accusations were the result of mistaken identity. |
| Everyone then accepted the error. The Newsnight accuser realised he had made an error. The BBC apologised and paid McAlpine £185,000 in damages. He was also awarded £125,000 in damages from ITV. Other legal actions followed against users of Twitter. | Everyone then accepted the error. The Newsnight accuser realised he had made an error. The BBC apologised and paid McAlpine £185,000 in damages. He was also awarded £125,000 in damages from ITV. Other legal actions followed against users of Twitter. |
| He eventually dropped defamation claims against users with fewer than 500 followers in return for a £25 donation to charity but pledged to pursue 20 "high profile" tweeters who had reported the rumours or, most tellingly, alluded to them. | He eventually dropped defamation claims against users with fewer than 500 followers in return for a £25 donation to charity but pledged to pursue 20 "high profile" tweeters who had reported the rumours or, most tellingly, alluded to them. |
| That was relevant to Bercow's tweet, which said: "Why is Lord McAlpine trending? *innocent face*". It was, of course, more like that famous Monty Python sketch where Eric Idle persistently says: "Nudge-nudge, nod's as good as a wink, know what I mean?" | That was relevant to Bercow's tweet, which said: "Why is Lord McAlpine trending? *innocent face*". It was, of course, more like that famous Monty Python sketch where Eric Idle persistently says: "Nudge-nudge, nod's as good as a wink, know what I mean?" |
| Bercow, wife of the Commons Speaker, John Bercow, refused to see it in such terms, maintaining that it was not libellous. Mr Justice Tugendhat disagreed, remarking that it amounted to a defamatory innuendo. | Bercow, wife of the Commons Speaker, John Bercow, refused to see it in such terms, maintaining that it was not libellous. Mr Justice Tugendhat disagreed, remarking that it amounted to a defamatory innuendo. |
| This ruling may give heart to people who feel that tweeters who mention them are not observing the law as strictly as mainstream media. Just 140 characters can cost the unwary an awful lot of loot. | This ruling may give heart to people who feel that tweeters who mention them are not observing the law as strictly as mainstream media. Just 140 characters can cost the unwary an awful lot of loot. |
| For the avoidance of doubt, the libel law applies to everyone, whatever "platform" they use to make their statements – newspapers, TV, radio, blogs, social media and even the proverbial garden fence. | For the avoidance of doubt, the libel law applies to everyone, whatever "platform" they use to make their statements – newspapers, TV, radio, blogs, social media and even the proverbial garden fence. |
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