Lord McAlpine, Twitter and libel law: the facts

The law gives no immunity to Twitter gossip.

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.

 

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Inside a shaken city: "I just want to be anywhere that’s not Manchester”

The morning after the bombing of the Manchester Arena has left the city's residents jumpy.

On Tuesday morning, the streets in Manchester city centre were eerily silent.

The commuter hub of Victoria Station - which backs onto the arena - was closed as police combed the area for clues, and despite Mayor Andy Burnham’s line of "business as usual", it looked like people were staying away.

Manchester Arena is the second largest indoor concert venue in Europe. With a capacity crowd of 18,000, on Monday night the venue was packed with young people from around the country - at least 22 of whom will never come home. At around 10.33pm, a suicide bomber detonated his device near the exit. Among the dead was an eight-year-old girl. Many more victims remain in hospital. 

Those Mancunians who were not alerted by the sirens woke to the news of their city's worst terrorist attack. Still, as the day went on, the city’s hubbub soon returned and, by lunchtime, there were shoppers and workers milling around Exchange Square and the town hall.

Tourists snapped images of the Albert Square building in the sunshine, and some even asked police for photographs like any other day.

But throughout the morning there were rumours and speculation about further incidents - the Arndale Centre was closed for a period after 11.40am while swathes of police descended, shutting off the main city centre thoroughfare of Market Street.

Corporation Street - closed off at Exchange Square - was at the centre of the city’s IRA blast. A postbox which survived the 1996 bombing stood in the foreground while officers stood guard, police tape fluttering around cordoned-off spaces.

It’s true that the streets of Manchester have known horror before, but not like this.

I spoke to students Beth and Melissa who were in the bustling centre when they saw people running from two different directions.

They vanished and ducked into River Island, when an alert came over the tannoy, and a staff member herded them through the back door onto the street.

“There were so many police stood outside the Arndale, it was so frightening,” Melissa told me.

“We thought it will be fine, it’ll be safe after last night. There were police everywhere walking in, and we felt like it would be fine.”

Beth said that they had planned a day of shopping, and weren’t put off by the attack.

“We heard about the arena this morning but we decided to come into the city, we were watching it all these morning, but you can’t let this stop you.”

They remembered the 1996 Arndale bombing, but added: “we were too young to really understand”.

And even now they’re older, they still did not really understand what had happened to the city.

“Theres nowhere to go, where’s safe? I just want to go home,” Melissa said. “I just want to be anywhere that’s not Manchester.”

Manchester has seen this sort of thing before - but so long ago that the stunned city dwellers are at a loss. In a city which feels under siege, no one is quite sure how anyone can keep us safe from an unknown threat

“We saw armed police on the streets - there were loads just then," Melissa said. "I trust them to keep us safe.”

But other observers were less comforted by the sign of firearms.

Ben, who I encountered standing outside an office block on Corporation Street watching the police, was not too forthcoming, except to say “They don’t know what they’re looking for, do they?” as I passed.

The spirit of the city is often invoked, and ahead of a vigil tonight in Albert Square, there will be solidarity and strength from the capital of the North.

But the community values which Mancunians hold dear are shaken to the core by what has happened here.

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