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Lord McAlpine, Twitter and libel law: the facts

The law gives no immunity to Twitter gossip.

Twitter and the law. Photograph: Getty Images
Twitter and the law. Photograph: Getty Images

The constant challenge faced by the law is to adapt to social change. The social media present just such a problem becaus they are a twenty-first century means of gossiping, activity which includes the disclosure of private information and the making of defamatory allegations.

However, as we have all learnt recently, making serious allegations on Twitter - or Facebook, or anywhere simliar - can now have unpleasant consequences both for the subjects and perpetrators of such gossip.

The law concerning Twitter is straightforward: if you make a defamatory allegation via a tweet then you are liable to be sued for libel.

The bigger question facing us as a society is whether the law should regulate this kind of communication. Its role is to balance the right of free speech guaranteed by Article 10 of the European Convention on Human Rights, with the Article 8 right to privacy and reputation. Which should take precedence on Twitter?

At the moment the law gives no immunity for Twitter gossip which infringes the rights of others. Anyone who has seen the interview with Lord McAlpine talking about the impact on him of being accused of being a paedophile will be left in no doubt about the effect the Twitter campaign (which eventually made its way into the commercial media) has had on him.

On that basis it looks like the right thing is for the twitterati to obey the same basic set of legal principles as the newspapers, broadcasters etc.

It is difficult to see the social value of allegations of paedophilia against innocent people doing the rounds on Twitter, sent by people with no basis to believe they are true. If the threat of legal sanction prevents this then such a modest qualification of the free speech right is surely in the greater public interest.

Jonathan Coad is a partner in the Media, Brands & Technology team at Lewis Silkin LLP. He can be contacted on 020 7074 8115 or at jonathan.coad@lewissilkin.com

This article first appeared in Spears magazine.

 

7 comments

Loverat's picture

Absolutely stunned to see a template of a letter on the internet from McApline's solicitors demanding £10,000 go to Children in Need and £3,500 in administration costs. It seems to be genuine and I assume is to be directed at individuals who offended.

A few questions if this is so. Perhaps RMPI, Children in Need or the Solicitors Regulation Authority might like to respond to some of these questions?

1) Does Children in Need know about the demands made to pay them £10,000?
I suppose they must have been informed by RMPI Solicitors. However, have they considered the possibility that damage could be caused to their reputation by accepting money which has been demanded in this way? I certaintly would not pay money to a charity knowingly accepting donations in this way. I suspect many others would feel the same.

2) How is this compensation broken down in consideration that £310,000 has been accepted from media corporations already? Can RMPI provide a breakdown? And are these damages not punitive and well, well beyond what would be awarded in court?

3) The administrative costs seem very high. How is the figure of £3,500 reached?

4) Have the Solicitors Regulation Authority been in touch with RMPI yet? If so, have they commented on the way RMPI are going about this? Are they monitoring RMPI to ensure the conduct so far, and in the future is not in breach of the code of practice in dealing with third parties?

I am sure many readers will be interested in the answers.

Loverat's picture

I have been reading alot about this and am very disappointed with the very poor and negative articles and coverage. The way people are talking is as though the people using Twitter have committed a serious crime and have no hope of defending claims in court. The press as always is ignorant on libel law and just following the herd and getting caught up in this circus created by Mr Reid. Give it a couple of weeks when folks get to grips with the realities and I am sure we will see quite a different picture.

However, the press are currently doing a big disservice to potential defendants caught up in this and by failing to research libel law and how it is presently being applied in courts. The fact of the matter is that there are numerous reasons why any litigation against individuals resulting from Twitter posts recently is likely to dismissed as an abuse of process. Ask yourself why Ried is now issuing 'reconcilation forms' asking Twitter users to come forward?

Incredulous's picture

Some people using Twitter have indeed committed a serious crime in that they have libelled others - incorrectly calling a person a paedophile is, unsurprisingly, very serious. Your claim about the press being ignorant about libel law suggests that you're having a lend of us. All significant media outlets have a substantial legal advisory team which checks anything which may lead to litigation. Editors spend time every day checking out that they are staying within the law. Even after legal advice, they may still find themselves falling foul of defamation cases; something they try their best to avoid, as they are very expensive in terms of potential compensation payouts and their own legal costs. You oversimplify the possibility about the abuse of process, by ignoring the potentially-enormous legal costs which defendants can incur in trying to defend themselves. Perhaps you do not recall the effect that George Carman, QC had in taking on the media, and the costs that were levied on those defendants. Try the Guardian article of Oct 14, 2012.

Loverat's picture

Not sure that the majority of people have comitted a crime as such but I wil reserve judgement on who done what on Twitter for now.

If you think medIa outlets have good legal teams have a look at a case - Dee v Telegraph. But have a look at the claimant's website first -

Sorry this site does not accept links:

(Look up Robert Dee website - tennis player) See how many apologies and how much money he obtained by those great media legal teams.

Also the Dee case has some similarities to this in the way it is being conducted and thats not the only one either. See Smith V ADVFN for more fun and games for multiple defendants.

As for abuse of process I suggest you have a look at how many libel cases have been dismissed for this in the last four years. Numerous cases and this one, in my view is another candidate for the libel bin.

Compare it to Smith V ADVFN - a case where multiple defendants emerged financially intact. Also the case is a classic (but rare example) where being a litigant in person is advantageous. No legal fees to pay and just turn up twice a year to the hearing and watch the fee exempt claimant make a fool of himself each time.

I was involved in that case myself and there was no point paying for a lawyer because it was so obvious the claims would fail. But the threats and demands to defendants was just the same. The judge was sympathetic to the defendants and basically came to the conclusion it was an abuse of process. I urge you to read the judgement as there are numerous excellent points and observations made by the judge - many will be relevant here.

If any of these Twitter cases proceed I suspect the same will happen. Thing is, the worst thing defendants can do is contact a lawyer (in mosts cases that is) as they will advise settling - just like the few lawyers who were consulted by individuals in Smith V ADVFN did.

I repeat - these cases will fail if they proceed and incidentally Mr Reid in my opinion is in danger of breaching the SRA Code of Practice concerning unrepresented third parties. Arguably similar to the copyright file sharing cases where several law firms were fined a few years ago for making mass claims demanding money from the public but not wishing to see their allegations tested in court when they were challenged.

Libel law in theory is outdated and there have been some injustices over the past 10 years. However judges apply it much more favourably to defendants nowadays. I am amazed at the utter ignorance of people who think pursuing libel is a walk in the park. On another forum someone was quoting me a law from 1845 to justify his opinion that the defendants would lose here. As with him, I would suggest you get along to a few libel cases in the High Court and see for yourself.

Muhammad Haque's picture

The writer is a very shrewd operator indeed! or he must be one to have written such an astonishingly ill-informed and empty piece that reinforces the bias for the unjust law trade and courts system in England and Wales.
What is the "NEW STATESMAN" doing parading this "expert" "solicitor" on a matter that demands truthful, wide and ethical examination and debate?
The McAlpine Propaganda Onslaught that has been aimed "at the BBC" has in effect been the "balancing" "revenge” by all the secret admirers, backers and colluders of Rupert Murdoch and all that that rival to the idea of the BBC represents.
Jonathan Caod show no recognition of that in the piece. He also shows no awareness of the platforms that the real Right-wingers have had via the Leveson “evidence” sessions.
In none of these has there been any examination of the injustice of English legal system and the backwardness and the racism of the judiciary. No wonder that routine daily racist posts, comments are not taken into account by Jonathan Coad or indeed by anyone else that has had any persistent platform in the “mainstream” print or broadcast media outlets over the row that has given almost plausible legitimacy to Cameron and his political colluders.
Everything that has been “reported” by Fleet Street around David Cameron after he was allegedly ambushed by the ITV programme has been in the main a propaganda line for him and at the expense of the facts involved. And the libel by innuendo invention has been probably the most extraordinary aspect of the vengeance by the Margaret Thatcher Darkness Age Club members over the past fortnight! Mr Coad can calmly paint himself as a responsible lawyer whose best option as an expert commentator in the context of this subject is “to see no evidence”! He can thus be excused, as the utter majority of trading and licensed lawyers are excused daily across England and Wales the rigours to which ordinary mortals are subjected before being treated as having none of the rights or enteuee,em nts that the ECHR supposedly confers on them.
With the promotion piece for “the law” trade that he has done via the NEW STATESMAN Mr Coad can justifiably expect to go quite far in his career as a “safe” commentator!
Society, in contrast, will not gain at all as a result of his expertise as published by the NEW STATESMAN here.
It is the same Society that was reviled in that toxic Thatcher utterance and it is Society once again that is being smashed to bits by David Cameron who has adopted a posture as an alleged “soft” Rightist when in fact he is on record as having combined both extremes [as ideologically symbolic places] of Munich for his pro-racist manifesto and the Toynbee Hall [the OTT-hyped “place where saviours from the Establishment issue rescue calls to save the poor and the disenfranchised...”] in the East End of London as his dual-springboards for mounting the anti-Society Unfair Assault on the poor, the low income and the no-income and the most vulnerable in Society.
These facts denote the reality that happens “through the law”, including the fact that the absolute majority of ordinary income group people with rights, claims and entitlements that are violated and denied are barred from having any access to the due processes [flaunted as being available under the English legal system and via the English courts] when it comes to either having their full say in the court system or via the over-hyped “legally aided” “representations”!
It is only possible to be defamed in English courts and law trade system, if the subject of an alleged defamation has the requisite loads of money and it helps [as the “Mass” Misinformation media’s blanked and worshipful supplicatory coverage for the person McAlpine has shown] if they can show connections with either a sitting Premier or a former one!
1215 Hrs Thursday 22 November 2012

D Wilson's picture

"the Twitter campaign (which eventually made its way into the commercial media) has had on him."

Haven't you got that backwards? Wasn't it 'commercial media' who began twittering regards how they were about to 'reveal' the name of a 'high ranking tory' which fuelled speculation as to that persons' identity?

Amazing how the tables are turned isn't it!

Kevin Connolly's picture

Apologies for the bluntness, but what utter crap!

The majority of tweets were not random allegations of paedophilia, they were accurate comments concerning the person who was subject to ALLEGATIONS on Newsnight. The tweets were largely accurate - it was the accuser and the police who were mistaken if I've understood this story correctly.

Whilst this is clearly unacceptable for Lord McAlpine if he has suffered unjustified harm, we should also consider that Jimmy Savile escaped justice because nobody dared to accuse him.

People have very short memories and it would become a paedophile's paradise if everyone was too intimidated to speak out. For the sake of the £5 in my pocket, none of this is intended as a dig at Lord M.

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