How to avoid (successful) accusations of defamation on Twitter. A few thoughts from someone who is NOT a libel lawyer, but does say very critical things about named individuals. 1/

1. Facts are different from opinions. But stating an opinion can imply a fact. https://t.co/1PkiI4olib
2. When I tweet I aim to be sure A. I show the *facts* I am basing my *opinion* on. B. I have good reason to believe the *facts* are true. C. My opinion is reasonable based on the facts.
Here I am calling Arron Banks a racist (opinion). Pointing out this is because he called for mosques to be demolished (fact). 4/ https://t.co/mk6g7TeBzE
I can prove this fact - and others - about what Banks has said. And I can justify why in my opinion that shows he’s a racist. 5/
It may be different if I called [person] a racist without indicating why - because that may imply to readers I know [damaging facts] that I can’t prove. 6/
3. When you tweet your facts with your opinion, you help show what you mean by your words. So “corruption” has different meanings - here I’m showing one 7/ https://t.co/jgVVtnsC5D
4. If someone alleges defamation, take it seriously. Think “can I prove the fact I stated / based my opinion on? Is my opinion reasonable?” 8/
5. If you’re in doubt, ask someone you trust to read what you’ve said. And to ask you those same questions - “can you prove the facts? Is your opinion reasonable?” 9/
6. Just because someone says “that’s libel” doesn’t mean it is. Yaxley-Lennon *is* a racist. He hasn’t sued me yet. 10/
7. If you think your tweet was wrong, or you don’t think you can show the facts, I’d delete it. You can always tweet it again if you become sure enough. 11/
8. If someone tells you they think you libelled *them* (not someone else), don’t ignore them. Think about how to respond, and respond. 12/
9. A person who may have been libelled is expected by the court to try to settle the dispute without proceedings. https://t.co/Jb9kDB8aT9
10. If someone tweets/DMs that you’ve libelled them but it’s not clear how, you can ask them what it is that you’ve said they disagree with - especially *factually*.

Because you may have it wrong, or they may have misunderstood you. 14/
11. Think before you *re-tweet* and *reply* to a tweet that may be libellous. Treat RTing and agreeing replies as if the tweet was in your name. 15/
Libel law is important protection.

How our friends, colleagues, the world sees us matters to many people. The law isn’t going away.

16/16

More from Law

We are live tweeting from the preliminary hearing of the Employment Tribunal case in which #AllisonBailey is suing Stonewall and Garden Court chambers.


The judge has ruled that for this hearing only, the names should remain redacted.

It is a Rule 50 Order. These particular individuals are members of Stonewall’s Trans Advisory Group and their names may well be known elsewhere. What is relevant is the messages from the group to Garden Court.

The judge states she would not make the same decision at the full hearing. This is only for the preliminary hearing.

Having dealt with the anonymity issue we now move to the main submissions in the case.
The debate over law and order comes to the forefront yet again. Law and order - both can be maintained with equal zeal. One needs to take precedence over the other. Will that be Order over Law or Law over Order?


In other words, what do governments prefer - looking away the other side when law is broken with impunity in the fear that acting against the offender will lead to large scale rioting on the roads?

Or will the government gear up to uphold the sanctity of law and punish every single one trying to break it? There are many examples. Take the Tablighi Wuhan Wave. Or Bangalore Riots. Or the destruction of Temples in Andhra.

Now, if the perpetrators are punished, there is going to be large scale rioting. Pointing out Tablighi Wuhan Wave destroyed many a person in the Gulf when Pakistanis and their minions profiled every Indian and got them arrested for insulting Islam.

No one talks about the post to which the MLA's nephew responded to. Singhu Resort is another. What's stopping the government from clearing the protest site? Is it the same confusion between law and order?

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