Defamation Act and Louise Mensch comments suggest McAlpine/Bercow Twitter law isn't final

@Mardconsult @Davejf27 @BanTheBBC @Claire_Phipps @wallaceme @GuidoFawkes In my opinion McAlpine should never have sued Sally Bercow, yes.
— Louise Mensch (@LouiseMensch) July 24, 2013

@wallaceme @JackofKent not at all, but perhaps this is tomorrow's conversation. McAlpine behaved, in my view, disgracefully.
— Louise Mensch (@LouiseMensch) January 23, 2014

@cllrilindley @wallaceme @JackofKent pursuing libel cases after apologies and settlements were offered; and worse, selectively pursuing them
— Louise Mensch (@LouiseMensch) January 23, 2014

Sally Bercow "learned the hard way" that a single impertinent and nervy tweet is no defense against serious libel charges.  Mr Justice Tugendhat delivered judgment in the case and made precedent to which we are all bound. Twitter may have made publishing vastly easier, but it has not made it responsibility free.

However since the coming into force of the Defamation Act 2013 in England and Wales on January 1 2014, tweets will be required to meet the higher thresholds laid out in the new legislation. How judges interpret the new legislation means that the law will continue to develop. But in the mean time, the McAlpine precedent rests. Media Law NI covered the McAlpine-Bercow case extensively here.

A communication made on Twitter is potentially libellous in England and Wales if it damages someone's reputation "in the estimation of right thinking members of society". It can do this by exposing them to "hatred, ridicule or contempt". This applies also to re-tweets.

Lord McAlpine dies after Twitter libel torment

In The Sunday Times of January 19 2014 the paper included the story here, 'Twitter peer dies after libel torment.' Lord McAlpine's solicitor Andrew Reid said:

"For those who put him through the stress and worry of having to take legal action, I hope that their consciences are troubled by their ill-informed and unnecessary allegations... I hope there’s a lesson in this — that people get their facts right before they open their mouths or go on Twitter."

Lord Tebbit, who was Conservative party chairman when Lord McAlpine was treasurer, said:

"I think he was... deeply upset that anybody would for a moment believe [the allegations about] him."

Podcast: "The most expensive tweet in history?"

The law firm Duane Morris hosts another podcast on technology law issues with Duane Morris partners Jonathan Armstrong (London) and Eric Sinrod (San Francisco). In the podcast they share insights on developments where technology intersects with the law in the EU and the U.S. 

Listen to the podcast in full here.