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http://www.bbc.co.uk/news/world-22652083

Sally Bercow has agreed a settlement with Lord McAlpine.

I assume that she will also be liable to pay not only her legal and court costs but also Lord McAlpine's legal and court costs.

She has also said in her announcement:

"Today's ruling should be seen as a warning to all social media users. Things can be held to be seriously defamatory, even when you do not intend them to be defamatory and do not make any express accusation. On this, I have learned my own lesson the hard way."

El Loro
Originally Posted by Saint:

From what i've learned she was the first to call him by name.

Is that right?

 

Mr Justice Tugendhat's reasoning

  • Many of Mrs Bercow's Twitter followers shared her interest in current affairs and would have been up-to-date with the Newsnight story
  • Her inclusion of the phrase *innocent face* told readers that she was being "insincere and ironical", not asking a straightforward question as she had argued
  • It was therefore reasonable to infer that she meant Lord McAlpine was "trending because he fits the description of the unnamed abuser"
  • The tweet was therefore, by implication, a repetition of the accusations of sexual abuse broadcast on Newsnight
  • Due to "repetition rule" in law, Mrs Bercow is treated as if she had made the original allegations herself, but with the addition of Lord McAlpine's name

http://www.bbc.co.uk/news/world-22652083

 

El Loro
Originally Posted by Saint:

From what i've learned she was the first to call him by name.

Is that right?

i think she tweeted *why is lord Mcalpine trending* *innocent face*  or something like that

i mean, we all knew what she was getting at

but other media had named him & members of the public people had named him aswell

not condoning what she did

he could have asked her to donate to charity & save court costs

 

i think what im saying is it went too far & could of been resolved with a public apology & a charitable donation from bercow

pirate1111

Mr Justice  Tugendhat added,

'There is no sensible reason for including those  words in the tweet if they are to be taken as meaning that the defendant simply  wants to know the answer to a factual question.

'The reader would reasonably infer that Mrs  Bercow had provided "the last piece in the jigsaw".'

 

Might explain why McAlpine pursued her but it seems rather a poor reason if it was trending elsewhere.

 

Saint
Originally Posted by pirate1111:
Originally Posted by Saint:

From what i've learned she was the first to call him by name.

Is that right?

i think she tweeted *why is lord Mcalpine trending* *innocent face*  or something like that

i mean, we all knew what she was getting at

but other media had named him & members of the public people had named him aswell

not condoning what she did

he could have asked her to donate to charity & save court costs

 

i think what im saying is it went too far & could of been resolved with a public apology & a charitable donation from bercow

She had not replied to Lord McApline's repeated requests to apologise saying that what she had tweeted was not libellous - Mail article from November 2012:

http://www.dailymail.co.uk/new...eld-disciplined.html

 

El Loro
Originally Posted by El Loro:
Originally Posted by pirate1111:
Originally Posted by Saint:

From what i've learned she was the first to call him by name.

Is that right?

i think she tweeted *why is lord Mcalpine trending* *innocent face*  or something like that

i mean, we all knew what she was getting at

but other media had named him & members of the public people had named him aswell

not condoning what she did

he could have asked her to donate to charity & save court costs

 

i think what im saying is it went too far & could of been resolved with a public apology & a charitable donation from bercow

She had not replied to Lord McApline's repeated requests to apologise saying that what she had tweeted was not libellous - Mail article from November 2012:

http://www.dailymail.co.uk/new...eld-disciplined.html

 

oh

ok, i didnt know that, cheers El

pirate1111
Originally Posted by Saint:

Pirate if - in your area - rumours were rife of possible child abuse and then someone named you, what would you do?

 

That's what Berkcow did, she pointed a finger and named someone.

I hope he's suing the police, then, seeing as they were the first to name him, when a victim of child sexual abuse pointed out one of his abusers to them, in a photo.

 

I think she was banged to rights, on this, but I do wonder why Lord McAlpine seems to have been happy for his name to be bandied about for so many years, as an abuser. Maybe he thought it was contained enough, until the Newsnight programme, and he was happy to protect his dead cousin's reputation?

Blizz'ard

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