In addition to bringing a defamation action against the broadcasters of a show, being BBC and ITV (one of which we believe has already settled for a cash sum), following the inaccurate Newsnight report on November 2nd, Lawyers for Lord McAlpine in the UK have threatened legal action against Twitter users. They have identified up to 10,000 allegedly defamatory tweets about the former Tory party treasurer.
Defamation – Twitter
In addition to bringing a defamation action against the broadcasters of a show, being BBC and ITV (one of which we believe has already settled for a cash sum), following the inaccurate Newsnight report on November 2nd , Lawyers for Lord McAlpine in the UK have threatened legal action against Twitter users . They have identified up to 10,000 allegedly defamatory tweets about the former Tory party treasurer.
There has been a request by the legal team for Lord McAlpine for a fixed fee donation and an apology to mitigate any libel action. He has confirmed that all compensation received from Twitter users will be donated to Children in Need.
This situation clearly sets out the modern issue of social media in the eyes of defamation laws. Users have tweeted and retweeted these tweets (approximately 1000 tweets and 9,000 retweets) however both in essence are treated as printed / publishing and so are at fault.
Notably in America, Kevin Clash, who was the voice of Elmo in Sesame Street, was falsely accused of an indecent matter which involved a similar twitter storm however is not threatening legal action against Twitter users. This is because, in America, the burden in libel cases falls on the claimant to prove the defendant knew the information was false, or likely to be false, or at least was not acting in good faith.
In Ireland and also with reference to this case in Britain, the defendant must demonstrate that the accusation is true to be a full defence in a defamation case.
The question may be asked as to why Lord McAlpine is not suing Twitter itself. He is not the presenters but the broadcasters of the programme and so similarly this asks the question as to why he is not pursuing Twitter. One would assume legal advice would include taking an action against Twitter aswell who should have some responsibility for its output.
A code of practice for social-media providers may be the answer however as matters stand it is important to note that social media forums are subject to the same laws as old fashioned print and the same sanctions under Defamation laws apply.
For more on Defamation see :www.cgsolicitors.ie/defamation
© Cosgrove Gaynard Solicitors. All rights reserved
Cosgrove Gaynard Solicitors set out what your rights are if you have been injured in the course of air travel.
Text LinkA further regulation called the ePrivacy Regulation is being proposed to come into effect next year to further protect privacy in regard to electronic communications.
Text LinkLandmark case for the inheritance of social media pages and other digital assets.
Text LinkIt is really not for the SEC to determine whether tokens are security; this is to be determined by legislation or for the courts to determine. To date no court has determined whether or not tokens are deemed to be securities. That said it is clear that the SEC has interpreted the matter and are finding tokens to be securities. There is a case currently ongoing in New York which may however become the first court in the world to rule on whether or not tokens are deemed to be securities.
Text LinkInitial Coin Offerings (ICO's) are not just for technology companies . They are often the beginning of a digital revolution for existing Companies which are already established In their field whether it be healthcare, insurance, property or another industry. Despite some bad press, the tightening of regulation in jurisdictions such as in the US, and indeed Facebook and Twitter banning advertisements , money has been pouring into the ICO market with $3 billion raised through ICOs in the first two months of this year. This is half the value of all funds raised throughout 2017, according to Coindesk data.
Text LinkThe division of assets on a divorce is one of the most contentious issues facing both couples and family lawyers. With the advent of digital assets such as cryptocurrencies lawyers are having to consider digital assets and their division in the dissolution of a marriage more and more frequently.
Text Link22 Fitzwilliam Place,
Dublin 2
DX 109060 Fitzwilliam
Phone: 01 234 0044
Fax: 01 234 0047