Eversheds comment: Lord McAlpine paves the way to challenge 'defamation by tweet'

• United Kingdom

20-11-2012

As Lord McAlpine seeks redress from ITV, the BBC and 10,000 Twitter users, experts at global law firm Eversheds believe this case is the tipping point for the seriousness with which the public views defamation and privacy in relation to social media channels. Andrew Terry, media law expert at global law firm Eversheds, explains: 

“The way Lord McAlpine has distinguished between high and low profile Twitter users is an interesting development. The softer approach with some Tweeters may also reflect two legal factors. First, that a court may take into account other awards in respect of the same libel when awarding damages. Secondly, Twitter is unlikely to provide confidential information such as names and addresses without a Court order, so Lord McAlpine will have to decide how far he wants to go in tracking down those that do not come forward voluntarily.

“Over the last few years, in the face of privacy injunctions seemingly thwarted by tweets that exposed the identity of individuals, many commentators have claiming that laws needed to be changed or that the laws of privacy did not apply in the same way to social media activity. A similar sentiment has often attached to defamatory comments online; somehow, they were less significant or actionable than comments in the press or elsewhere.

“That was never the case – and the Lord McAlpine situation has clearly illustrated why. What the extreme nature of this situation shows is how easily reputations can be damaged by social media and why it is so important that there can be redress, whether those defamed are public figures or not.”

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