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.

Photo: Getty
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There's just one future for the left: Jeremy Corbyn

Labour's new leader is redefining Labour for the 21st century, argues Liam Young. 

The politics of the resurgent left comes down to one simple maxim: people are sick and tired of establishment politics. When one makes this statement it is usually met with some form of disapproval. But it is important to realise that there are two different types of people that you have this conversation with.

First there are the people I surround myself with in a professional environment: political types. Then there are the people I surround myself with socially: normal people.

Unsurprisingly the second category is larger than the first and it is also more important. We may sit on high horses on Twitter or Facebook and across a multitude of different media outlets saying what we think and how important what we think is, but in reality few outside of the bubble could care less.

People who support Jeremy Corbyn share articles that support Jeremy Corbyn - such as my own. People who want to discredit Jeremy Corbyn share articles that discredit Jeremy Corbyn - like none of my own. It is entirely unsurprising right? But outside of this bubble rests the future of the left. Normal people who talk about politics for perhaps five minutes a day are the people we need to be talking to, and I genuinely believe that Labour is starting to do just that.

People know that our economy is rigged and it is not just the "croissant eating London cosmopolitans" who know this. It is the self-employed tradesman who has zero protection should he have to take time off work if he becomes ill. It is the small business owner who sees multi-national corporations get away with paying a tiny fraction of the tax he or she has to pay. And yes, it is the single mother on benefits who is lambasted in the street without any consideration for the reasons she is in the position she is in. And it is the refugee being forced to work for less than the minimum wage by an exploitative employer who keeps them in line with the fear of deportation. 

The odds are stacked against all normal people, whether on a zero hours contract or working sixty hours a week. Labour has to make the argument from the left that is inclusive of all. It certainly isn’t an easy task. But we start by acknowledging the fact that most people do not want to talk left or right – most people do not even know what this actually means. Real people want to talk about values and principles: they want to see a vision for the future that works for them and their family. People do not want to talk about the politics that we have established today. They do not want personality politics, sharp suits or revelations on the front of newspapers. This may excite the bubble but people with busy lives outside of politics are thoroughly turned off by it. They want solid policy recommendations that they believe will make their lives better.

People have had enough of the same old, of the system working against them and then being told that it is within their interest to simply go along with it.  It is our human nature to seek to improve, to develop. At the last election Labour failed to offer a vision of future to the electorate and there was no blueprint that helped people to understand what they could achieve under a Labour government. In the states, Bernie Sanders is right to say that we need a political revolution. Here at home we've certainly had a small one of our own, embodying the disenchantment with our established political discourse. The same-old will win us nothing and that is why I am firmly behind Jeremy Corbyn’s vision of a new politics – the future of the left rests within it. 

Liam Young is a commentator for the IndependentNew Statesman, Mirror and others.