Libel more damaging if it has potential to "go viral", court rules

The case could have a large effect on freedom of speech on sites like Twitter.

Thanks to a recent Court of Appeal ruling, Twitter could soon be far from a realm for the free expression we are supposedly entitled to as citizens of the EU. The Times last week published a law report from the case of Chris Cairns, New Zealand cricketer who was falsely accused of match fixing on Twitter. (False accusations on Twitter - very 2012). What’s interesting about this judgement is that damages were upheld not only due to the false nature of what was claimed, but because of the rumour’s potential to have gone viral. Ergo, the more widely spread the defamatory statement, the more damages should be awarded.

If this judgement is latched on to and the case ultimately sets a precedent, it is unclear what method would be used to decide on the level of damages. The ubiquitous nature of the internet and Twitter in particular means that word spreads, usually beyond an individual’s control, making this seem an obscure way of assessing damages. Perhaps the claimant could get a pound for every retweet?

The basis behind the ruling makes sense; it was, after all, taken from a dictum in the 1990 case of Slipper v BBC that stated “defamatory statements are objectionable not least because of their propensity to percolate through underground channels and contaminate hidden springs”. The problem is that in 1990 the web was only just taking off, and modern social networking was decades away. The principle has been taken and distorted to apply to an entirely different world, where consequences are certainly more severe.

The internet is modern society’s vehicle for free speech, and is essential for a democratic society. Jonathan Coad previously raised the question in his recent article for the New Statesman whether or not it is right to regulate social networks in the same way as national publications. The framework legislation dates back to 1996, so it is arguable that even these are outdated parameters for our changed society.

Equilibrium must be achieved. There is a balance between the Article 10 right to free speech and the equally important entitlement to a fair reputation, but with England being renowned for its exceedingly claimant-friendly libel laws it is worrying that this judgement may tip the balance and ultimately end up deterring free expression across social networking sites.

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Xenophobic graffiti at a London Polish centre is a dark sign of post-Brexit Britain

The centre's chairwoman says an incident of this kind has never happened before, and police are treating it as a hate crime. 

Early on Sunday morning, staff arriving at the Polish Social and Cultural (POSK) centre in west London's leafy Ravenscourt Park were met with a nasty shock: a xenophobic obscenity smeared across the front of the building in bright yellow paint. 

“It was a standard, unpleasant way of saying ‘go away’ – I'll leave that to your interpretation,” Joanna Mludzinska, chairwoman of the centre, says the next morning as news crews buzz around the centre’s foyer. The message was cleaned off as soon as the staff took photo evidence – “we didn’t want people to walk down and be confronted by it” – but the sting of an unprecedented attack on the centre hasn’t abated.

“Nothing like this has ever happened before,” Mludzinska tells me, shaking her head. “Never.”

The news comes as part of a wash of social media posts and police reports of xenophobic and racist attacks since Friday’s referendum result. It’s of course difficult to pin down the motivation for specific acts, but many of these reports feature Brits telling others to “leave” or “get out” – which strongly implies that they are linked to the public's decision on Friday to leave the European Union. 

Hammersmith and Fulham, the voting area where the centre is based, voted by a 40-point margin to remain in the UK, which meant the attack was particularly unexpected. “The police are treating this as a one-off, which we hope it is,” Mludzinska tells me. They are currently investigating the incident as a hate crime. 

“But we have anecdotal evidence of more personal things happening outside London. They’ve received messages calling them vermin, scum [in Huntingdon, Cambridgeshire]. It’s very frightening.” As one local Polish woman told the Mirror, there are fears that the referendum has “let an evil genie out of a bottle”. 

For those unsure whether they will even be able to stay in Britain post-referendum, the attacks are particularly distressing, as they imply that the decision to leave was, in part, motivated by hatred of non-British citizens. 

Ironically, it is looking more and more likely that we might preserve free movement within the EU even if we leave it; Brexit campaigners including Boris Johnson are now claiming immigration and anti-European feeling were not a central part of the campaign. For those perpetrating the attacks, though, it's obvious that they were: “Clearly, these kind of people think all the foreigners should go tomorrow, end of,” Mludzinska says.

She believes politicians must make clear quickly that Europeans and other groups are welcome in the UK: “We need reassurance to the EU communities that they’re not going to be thrown out and they are welcome. That’s certainly my message to the Polish community – don’t feel that all English people are against you, it’s not the case.” 

When I note that the attack must have been very depressing, Mludzinska corrects me, gesturing at the vases of flowers dotted around the foyer: “It’s depressing, but also heartening. We’ve received lots and lots of messages and flowers from English people who are not afraid to say I’m sorry, I apologise that people are saying things like that. It’s a very British, very wonderful thing.”

Beyond Hammersmith

Labour MP Jess Phillips has submitted a parliamentary question on how many racist and xenophobic attacks took place this weekend, compared to the weekends preceding the result. Until this is answered, though, we only have anecdotal evidence of the rise of hate crime over the past few days. From social media and police reports, it seems clear that the abuse has been directed at Europeans and other minorities alike. 

Twitter users are sending out reports of incidents like those listed below under the hashtag #PostBrexitRacism:

Facebook users have also collated reports in an album titled Worrying Signs:

Police are currently investigating mutiple hate crime reports. If you see or experience anything like this yourself, you should report it to police (including the British Transport Police, who have a direct text number to report abuse, 61016) or the charity Stop Hate UK.

HOPE not hate, an advocacy group that campaigns against racism in elections, has released a statement on the upsurge of hatred” post-referendum, calling on the government to give reassurance to these communities and on police to bring the full force of the law” to bear against perpetrators.

The group notes that the referendum, cannot be a green light for racism and xenophobic attacks. Such an outpouring of hate is both despicable and wrong.

Barbara Speed is a technology and digital culture writer at the New Statesman and a staff writer at CityMetric.