Member Article

Laying the law down with Twitter

Following a number of recent high-profile twitter misdemeanours, Andrew Nixon, senior associate at law firm Thomas Eggar LLP shares the following guidance on avoiding getting into legal hot water on Twitter.

1.Defamatory comments posted to Twitter are treated in the same manner as those made in any other published medium. They can, and have, been used as the basis of court action in libel and defamation claims.
Lalit Modi learned this lesson the painful way when he posted a tweet accusing former New Zealand cricketer Chris Cairns of match fixing. Mr Modi had to pay over £1,090,000 in damages and legal fees to Cairns following his allegation on Twitter.

2.The way in which a tweet or comment is interpreted may not be as expected or intended. To avoid the possibility of negative interpretations, Twitter needs to be used responsibly, with tweets being read objectively prior to posting. This can be difficult, particular when emotions are running high, but due consideration must be given to the context and timing of comments.

Rio Ferdinand’s response to a tweet in which Ashley Cole was called a choc ice illustrates the point. Although the Manchester United player claims not to have used the term in a racist sense, it has been construed by some to have racial connotations. It has also resulted in a complaint to the Metropolitan Police and the possibility of an FA investigation and subsequent disciplinary action by the governing body.

3.Governing bodies will take action where Twitter is deemed to have been used inappropriately. Ryan Babel found this out following his criticism of match referee Howard Webb, when the FA fined him £10,000 in January 2011. This was the first high profile disrepute charge being brought against an athlete for in appropriate comments and it set a precedent.

This was posted in Bdaily's Members' News section by Thomas Eggar .