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. kingsleynapley.co.uk/insights/blogs… Image
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/
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/
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/ Image
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. justice.gov.uk/courts/procedu… Image
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

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More from @SimonFRCox

11 Dec 20
Leavers beginning to realise EU states see EU *fundamentally* differently from how Leavers see it. THREAD 1/9
Some Leavers believe UK’s economic/political interests/qualities are fundamentally different from France & Germany. But this is so daft & so close to obvious extreme nationalism it never explained the EU’s existence for them 2/
But if UK isn’t fundamentally different from Germany & France. How to make sense of German / French EU membership? 3/
Read 9 tweets
6 Oct 20
My opinion: Patel doesn’t care if immigration lawyers - or staff who work with us - get murdered. She will have been warned of the risks - she deliberately chooses to take them.

While Lord Chancellor, Attorney-General & Solicitor-General are silent. theguardian.com/global-develop…
Barristers aren’t allowed - under our rules - to turn away clients because of what they’ve done. I’ve represented convicted murderers - and victims of terrible crimes.

Our job is to try & ensure law is upheld by the powerful: the courts & the state.

That’s why Patel hates us. +
My fellow lawyers & support staff - paralegals, secretaries, barristers clerks, cleaners, receptionists, IT staff, accountants, managers - we make sure justice works. For all of us.

Our safety matters. +
Read 6 tweets
4 Oct 20
Today’s UK Gov asylum announcement. Let’s look at these proposals one-by-one in a thread 1/xx
Before we start, the backstory.

1. UK has had Tory Home Secs for 10 years. For 7: Theresa May, much smarter & more experienced pol than Patel.

2. UK Parliament approved 7 major Immigration Acts proposed by Home Office since 2000. Even though facts on ground didn’t change . 2/
Home Office staff already deal sceptically with all asylum claims
Read 17 tweets
16 Sep 20
When you protest to get arrested, *of course* you go floppy. This is 101 policing. What next - protestors should walk into the vans? theguardian.com/environment/20…
Takes me back to a protest I co-organised in Cardiff against Thatcher’s plan to close Uni College Cardiff.

We lie down in road. Police come, start arresting us & into the van.

Only problem +
... once one van of arrestees has been driven off, there aren’t enough police to keep next batch in the van *and* arrest those lying in road. The people in the van keep getting back out and lying down in the road again +
Read 4 tweets
14 Sep 20
1. EU Top priority - don’t add to Johnson’s attempts to wreck Withdrawal Agreement. WA is best hope for island of Ireland, UK/EU citizens who’ve moved and much more.
2. EU Immediate - find & focus on the actual threats in the Bill & amendments to NI’s place in Single Market (not the rhetoric). Make sure Tory rebels recognise these & Johnson knows the risks of using them.
3. Use WA dispute resolution mechanisms - bring UK before CJEU for infringing WA and use dispute resolution mechanisms.
Read 6 tweets
14 Sep 20
In tonight’s HoC debate, did *anyone* speak of threat from EU if UK *doesn’t back down*? Not risk of chaos in Kent, but a TRADE WAR with the world’s largest economic bloc / UK’s biggest trading partner?
Ultras going puce over confected idea of blockade in Irish Sea & EU trying to “enslave” UK.

No-one talking about EU going full-on stone-cold third country towards UK.
Maybe ultras are right - EU’s only powers are over its own members, and UK is immune from economic harm from *checks notes* a single market of 500m people.+
Read 4 tweets

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