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.

Umaar Kazmi
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“They should be on bended knee apologising”: Chris Williamson warns Corbynsceptic Labour MPs

The MP for Derby North on his return to Parliament, why Labour won in marginal seats, and how party unity could have led to a Labour government.

At 5am on election morning, Chris Williamson was ceremonially tearing up some binbags. Two dustbin liners had been taped over the gold and green “Chris Williamson MP” sign on his Derby North constituency office since 2015. When it was announced that he’d won England’s most marginal constituency back from the Tories, he headed down to the old office with his team, and they tore the binbags down, dust raining upon them.

“Those black bin liners taped round were like a reminder whenever you glanced up that, one day, it’d be nice to pull that off,” he grins. In his two years away from the Commons, having been beaten by 41 votes last election, Williamson had been using the office as an advice centre.

Before then, the former bricklayer had represented the Midlands constituency from 2010 to 2015, having served as a local councillor – and twice as council leader – for two decades.


All photos: Umaar Kazmi​

Now he’s back, and squatting in a vegan-friendly café along the river from Parliament as he waits to be given an office. His signature flatcap sits on the table beside a glass of sparkling water.

“I’m not a fan of that place anyway, really, it’s horrible and oppressive, and not really fit for purpose,” he says. “That’s the slight downside. It goes with the territory I suppose. If we could move out of Westminster, that would be nice – somewhere like Birmingham or Manchester or Derby even – the centre of the country, isn’t it?”

“New Labour’s dead, buried and finished”

Perhaps this distaste for the bubble is to be expected, as Williamson is an ardent Corbynite. I followed him on the campaign trail before the election, and he was championing Jeremy Corbyn’s policies and leadership on every doorstep. It seemed a rather brave move among many undecided voters at the time, but has now been vindicated. You can almost tell from his trainers, crumpled polo shirt and contended expression that Williamson is supremely comfortable in the most left-wing Labour party since he became an MP.

“New Labour’s dead,” he says, his eyes twinkling. “No doubt about that. It’s dead, buried and finished. It's a regrettable chapter in our history. Historians will think ‘my God, what were they doing?!’” he cries.

Williamson believes he won due to Jeremy Corbyn’s character, the manifesto, a “fantastic” local campaign, and an “outstanding” national campaign. He thanks Momentum activists rallying so many people that they often had 20 teams canvassing simultaneously in his seat. And he praises an online campaign that targeted different demographics – Ukip voters in particular would mention his videos.

“If they’d been more supportive then we’d have got over the line”

“We targeted some elements of our campaign to specific cohorts,” he says. “For example, we did a message online to people who had supported Ukip previously about how a Labour government would genuinely take back control, take on the corporations, bring back the utilities into public ownership – rather than controlled by international, global corporations many of which are ripping us off.”

Williamson adds that young people were enthused by the pledges to scrap tuition fees, abolish zero-hours contracts and raise the minimum wage. He also saw Tory voters switch, attracted by a policy programme that he describes as “common sense” rather than radical.

He admits that people warned him to “disassociate yourself from Jeremy if you’re going to win” when he began campaigning. But he tells me he would “have sooner lost than gone down that road”.

But he has strong words for those who were more sceptical, saying they “let down their members” and lamenting that “if they’d been more supportive over the intervening period, then we’d have probably got over the line”.

Williamson calls on all the Corbynsceptic MPs to apologise: “They should be down on their bended knees and apologising, in fact. Not just to Jeremy but to the entire Labour movement.”

However, he believes his party is “more united” now than it has been for the 41 years he’s been a member, and is happy to “move on” – expressing his gratitude for how much warmth he’s received from his MP colleagues, “given how critical I’ve been of them!”

It may be Chris Williamson’s time in the sun – or the “sunshine of socialism” as he puts it, quoting Keir Hardie – but he does have jitters about his majority. It is 2,015 – the digits matching the election year when he was defeated by the Tories. “It’s a reminder that we lost then!” he laughs.

> Now read Anoosh on the campaign trail in Derby North with Chris Williamson

Anoosh Chakelian is senior writer at the New Statesman.

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