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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Debunking Boris Johnson's claim that energy bills will be lower if we leave the EU

Why the Brexiteers' energy policy is less power to the people and more electric shock.

Boris Johnson and Michael Gove have promised that they will end VAT on domestic energy bills if the country votes to leave in the EU referendum. This would save Britain £2bn, or "over £60" per household, they claimed in The Sun this morning.

They are right that this is not something that could be done without leaving the Union. But is such a promise responsible? Might Brexit in fact cost us much more in increased energy bills than an end to VAT could ever hope to save? Quite probably.

Let’s do the maths...

In 2014, the latest year for which figures are available, the UK imported 46 per cent of our total energy supply. Over 20 other countries helped us keep our lights on, from Russian coal to Norwegian gas. And according to Energy Secretary Amber Rudd, this trend is only set to continue (regardless of the potential for domestic fracking), thanks to our declining reserves of North Sea gas and oil.


Click to enlarge.

The reliance on imports makes the UK highly vulnerable to fluctuations in the value of the pound: the lower its value, the more we have to pay for anything we import. This is a situation that could spell disaster in the case of a Brexit, with the Treasury estimating that a vote to leave could cause the pound to fall by 12 per cent.

So what does this mean for our energy bills? According to December’s figures from the Office of National Statistics, the average UK household spends £25.80 a week on gas, electricity and other fuels, which adds up to £35.7bn a year across the UK. And if roughly 45 per cent (£16.4bn) of that amount is based on imports, then a devaluation of the pound could cause their cost to rise 12 per cent – to £18.4bn.

This would represent a 5.6 per cent increase in our total spending on domestic energy, bringing the annual cost up to £37.7bn, and resulting in a £75 a year rise per average household. That’s £11 more than the Brexiteers have promised removing VAT would reduce bills by. 

This is a rough estimate – and adjustments would have to be made to account for the varying exchange rates of the countries we trade with, as well as the proportion of the energy imports that are allocated to domestic use – but it makes a start at holding Johnson and Gove’s latest figures to account.

Here are five other ways in which leaving the EU could risk soaring energy prices:

We would have less control over EU energy policy

A new report from Chatham House argues that the deeply integrated nature of the UK’s energy system means that we couldn’t simply switch-off the  relationship with the EU. “It would be neither possible nor desirable to ‘unplug’ the UK from Europe’s energy networks,” they argue. “A degree of continued adherence to EU market, environmental and governance rules would be inevitable.”

Exclusion from Europe’s Internal Energy Market could have a long-term negative impact

Secretary of State for Energy and Climate Change Amber Rudd said that a Brexit was likely to produce an “electric shock” for UK energy customers – with costs spiralling upwards “by at least half a billion pounds a year”. This claim was based on Vivid Economic’s report for the National Grid, which warned that if Britain was excluded from the IEM, the potential impact “could be up to £500m per year by the early 2020s”.

Brexit could make our energy supply less secure

Rudd has also stressed  the risks to energy security that a vote to Leave could entail. In a speech made last Thursday, she pointed her finger particularly in the direction of Vladamir Putin and his ability to bloc gas supplies to the UK: “As a bloc of 500 million people we have the power to force Putin’s hand. We can coordinate our response to a crisis.”

It could also choke investment into British energy infrastructure

£45bn was invested in Britain’s energy system from elsewhere in the EU in 2014. But the German industrial conglomerate Siemens, who makes hundreds of the turbines used the UK’s offshore windfarms, has warned that Brexit “could make the UK a less attractive place to do business”.

Petrol costs would also rise

The AA has warned that leaving the EU could cause petrol prices to rise by as much 19p a litre. That’s an extra £10 every time you fill up the family car. More cautious estimates, such as that from the RAC, still see pump prices rising by £2 per tank.

The EU is an invaluable ally in the fight against Climate Change

At a speech at a solar farm in Lincolnshire last Friday, Jeremy Corbyn argued that the need for co-orinated energy policy is now greater than ever “Climate change is one of the greatest fights of our generation and, at a time when the Government has scrapped funding for green projects, it is vital that we remain in the EU so we can keep accessing valuable funding streams to protect our environment.”

Corbyn’s statement builds upon those made by Green Party MEP, Keith Taylor, whose consultations with research groups have stressed the importance of maintaining the EU’s energy efficiency directive: “Outside the EU, the government’s zeal for deregulation will put a kibosh on the progress made on energy efficiency in Britain.”

India Bourke is the New Statesman's editorial assistant.