LEGAL Legal
The reminder follows the news that the controversial opinion columnist Katie Hopkins has been refused leave to appeal against a recent High Court libel verdict, where she was found to have published defamatory tweets, or what’s been coined ‘twibel’.
Anyone using social media is a publisher, putting information out into the public domain. But unlike newspapers and book publishers, most businesses don’t have a good understanding of publishing law and how to avoid breaching it. Similarly, many businesses are not considering how their social media posts may breach advertising regulations, as the boundaries between paid-for advertising and other forms of communication become more blurred. It’s the sort of confusion that led to a complaint being made that a tweet sent from the account of England football captain Wayne Rooney, as part of his sponsorship by Nike (UK), was not clearly marked as a marketing communication.
The tweet read: “The pitches change. The killer instinct doesn’t. Own the turf, anywhere. @NikeFootball #myground pic.
twitter.com/22jrPwdgC1”.
Although in that case the Advertising Standards Authority found that Nike (UK) had not breached the code of conduct, saying the tweet was obviously identifiable as a Nike marketing communication, it may not always be clear to businesses where the
line is drawn.
For Katie Hopkins, the tweets she posted that were found to be defamatory implied that prominent poverty campaigner and writer Jack Monroe had defaced a war memorial, in a case of mistaken identity.
Monroe offered her the chance to publicly apologise or face legal action but Hopkins refused. When the case reached the High Court, the tweets were found to have caused ‘serious’ harm to Monroe’s reputation, with Hopkins ordered to pay Monroe damages of £24,000 plus his legal costs.
In making the judgement, the court had to determine whether the tweets met the requirement for harm that is set out in the Defamation Act 2013 and experts say the ruling is the most important case to date involving libel on social media. Controlling social media content is a huge issue for business. It’s a fast-moving arena and often posts, tweets, retweets and comments are the subject of instant decision- making.
When careful reflection isn’t part of the equation, it’s not surprising that it can lead to problems. It is important that social media policies are kept under constant review and that everyone understands the boundaries they are operating within, through both the company’s marketing strategy and their terms of employment.
Staff could also learn from the 26-point guide on how to use Twitter, published by the High Court as an appendix to its official ruling in the Hopkins case. This provides
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aroundtownmagazine.co.uk
When tweets become twibels Talk:
With social media now heavily used by businesses on a day-to-day basis, how many would know the publishing law and advertising regulations in order to avoid reputation-damaging incidents?
a summary of how the platform works and makes for useful reading, even for those who think themselves experts, as a reminder of who will receive postings when tweeting, re- tweeting or replying.
It’s important to have a good crisis management plan in place as well, so that if the worst happens and a mistake is made, then everyone knows what to do if something inappropriate has been posted. Taking swift action with a
public retraction is a good start and will demonstrate a willingness to tackle the problem.
In the case of Katie Hopkins and her mistaken tweet about Jack Monroe, if she had been quick to correct herself and made a public apology that reached the original audience of her tweets, it’s quite likely the case would not have passed the necessary ‘serious harm’ test for defamation and the case may never have gone to court.
EMPLOYMENT LAW KNOW YOUR RIGHTS
We provide practical advice on all employment law issues including:
• Contracts • Tribunals • Discrimination
• Minimum Wage • Maternity/Paternity Leave • Redundancy • Dismissal
Telephone or e-mail Steve Esmond for free initial advice
17/19 Regent Street, Barnsley, S70 2HP (also in Selby and Sherburn-in-Elmet)
www.elmhirstparker.com sesmond@elmhirstparker.com
01226 282238
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