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 Images/Carl Court
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Nigel Farage: welcoming refugees will lead to "migrant tide" of jihadists

Ukip's leader Nigel Farage claims that housing refugees will allow Isis to smuggle in "jihadists".

Nigel Farage has warned that granting sanctuary to refugees could result in Britain being influenced by Isis. 

In remarks that were immediately condemned online, the Ukip leader said "When ISIS say they will flood the migrant tide with 500,000 of their own jihadists, we'd better listen", before saying that Angela Merkel, the German Chancellor, had done something "very dangerous" in attempting to host refugees, saying that she was "compounding the pull factors" that lead migrants to attempt the treacherous Mediterranean crossing.

Farage, who has four children, said that as a father, he was "horrified" by the photographs of small children drowned on a European beach, but said housing more refugees would simply make the problem worse. 

The Ukip leader, who failed for the fifth successive occassion to be elected as an MP in May, said he welcomed the prospect of a Jeremy Corbyn victory, describing it as a "good result". Corbyn is more sceptical about the European Union than his rivals for the Labour leadership, which Farage believes will provide the nascent Out campaign with a boost. 

 

Stephen Bush is editor of the Staggers, the New Statesman’s political blog.