Cricketer wins first Twitter libel case

Chris Cairns has been awarded £90,000 after he was defamed on Twitter. What are the implications?

We've already had the Twitter joke trial, and a company suing an employee for taking his Twitter followers with him when he left. Now, what is thought to be the first Twitter libel case has been heard in England.

Yesterday, the former New Zealand cricketer, Chris Cairns, was awarded damages of £90,000 by the High Court after suing over a defamatory tweet by Lalit Modi, the deposed Indian Premier League commissioner.

In a tweet in January 2010, Modi said that Cairns had been barred from the IPL due to "his past record in match-fixing". The comments were picked up by the popular cricket website CricInfo. After Cairns complained, CricInfo withdrew the article, apologised, and paid damages, but Modi has refused to apologise and maintained that his allegations were true.

It is worth noting that Modi did not have many followers on Twitter, meaning that the tweet was seen only by an estimated 65 people. The piece on Cricinfo was only online for a few hours, during which time it was seen by about 1,000 people.

While £90,000 might seem excessive for a libel seen by 1,100 people, the judge said that although publication was "limited" that did not mean that damages should be reduced, noting that "nowadays the poison tends to spread far more rapidly".

This appears to suggest not only that defamation on social media will be taken as seriously as that in the mainstream media, but also that the potential for that reputational damage to spread -- much greater in the digital age -- will be a consideration. Yet again, this case demonstrates the difficulty inherent in applying laws created in a bygone era to new technologies and media. Social media entails a pull between public and private spheres: Twitter users may not think about the fact that when they communicate with their followers, they are in fact are publishing their thoughts to the whole internet. As the law around this area becomes concretised, people will have to review how they present themselves.

Clearly, in this case defamation was committed: Modi was unable to provide any evidence to back up his comments. The judge noted the serious nature of the libel:

It is obvious that an allegation that a professional cricketer is a match-fixer goes to the core attributes of his personality and, if true, entirely destroys his reputation for integrity. It is as serious an allegation as anyone could make against a professional sportsman.

For Cairn, who has played 62 Tests and 215 one-day matches for New Zealand over his 17 year career, it is a relief: "Today's verdict lifts a dark cloud that has been over me for the past two years," he said in a statement. For many of those using Twitter -- a format which lends itself to rushed, thoughtless, and frequently vitriolic comments -- it has implications about what they say and how they say it.

Chris Cairns arrives at the High Court in London. Photograph: Getty Images

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

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“Trembling, shaking / Oh, my heart is aching”: the EU out campaign song will give you chills

But not in a good way.

You know the story. Some old guys with vague dreams of empire want Britain to leave the European Union. They’ve been kicking up such a big fuss over the past few years that the government is letting the public decide.

And what is it that sways a largely politically indifferent electorate? Strikes hope in their hearts for a mildly less bureaucratic yet dangerously human rights-free future? An anthem, of course!

Originally by Carly You’re so Vain Simon, this is the song the Leave.EU campaign (Nigel Farage’s chosen group) has chosen. It is performed by the singer Antonia Suñer, for whom freedom from the technofederalists couldn’t come any suñer.

Here are the lyrics, of which your mole has done a close reading. But essentially it’s just nature imagery with fascist undertones and some heartburn.

"Let the river run

"Let all the dreamers

"Wake the nation.

"Come, the new Jerusalem."

Don’t use a river metaphor in anything political, unless you actively want to evoke Enoch Powell. Also, Jerusalem? That’s a bit... strong, isn’t it? Heavy connotations of being a little bit too Englandy.

"Silver cities rise,

"The morning lights,

"The streets that meet them,

"And sirens call them on

"With a song."

Sirens and streets. Doesn’t sound like a wholly un-authoritarian view of the UK’s EU-free future to me.

"It’s asking for the taking,

"Trembling, shaking,

"Oh, my heart is aching."

A reference to the elderly nature of many of the UK’s eurosceptics, perhaps?

"We’re coming to the edge,

"Running on the water,

"Coming through the fog,

"Your sons and daughters."

I feel like this is something to do with the hosepipe ban.

"We the great and small,

"Stand on a star,

"And blaze a trail of desire,

"Through the dark’ning dawn."

Everyone will have to speak this kind of English in the new Jerusalem, m'lady, oft with shorten’d words which will leave you feeling cringéd.

"It’s asking for the taking.

"Come run with me now,

"The sky is the colour of blue,

"You’ve never even seen,

"In the eyes of your lover."

I think this means: no one has ever loved anyone with the same colour eyes as the EU flag.

I'm a mole, innit.