Given the unfettered nature of tweets, the only real way to restrain a defamatory tweet is by complaining to the twitter website or by taking legal action. It is no surprise, therefore, that someone has finally been taken to court over a poorly considered comment made by way of a twitter entry. Welsh Councilor, Colin Elsbury has been ordered to pay £3000 in damages by the High Court in Cardiff in one of the first defamation actions in the UK resulting from tweeting.
Councilor Elsbury tweeted ahead of a council election that his independent challenger, Eddie Talbot, had been "removed by Police" from a polling station. Councillor Talbot's claim against Elsbury for defamation was successful partly on the basis that the tweet implied that he had been removed because he had committed a criminal act and thus "lowered his reputation in the opinion of the man in the street". This was despite Elsbury later realising his mistake and amending his tweet.
This judgement serves as a stark warning to tweeters or indeed anybody posting comments on social networking sites to think twice before making comments that could be defamatory. A poorly considered tweet could land you in very hot water.
© Thorntons Law LLP
28 March 2011
Lucy Bennett