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Twitter: a risky business
spoken or transitory defamation. The principal governing statute is the Defamation Act 2013, which was intended to create a more balanced legal framework in a jurisdiction previously renowned for its claimant-friendly attitude to defamation litigation. The act aims to balance protecting the rights and reputations of individuals while encouraging debate, freedom of expression and a vibrant press. The act also responds to the growth of the Internet and online publishing by introducing a new defence for website operators and offering protection to secondary publishers. While the number of total defamation claims decreased significantly in the year following the introduction of the act, defamation cases linked to social media platforms have increased. With businesses engaged with social media either directly or through employees, there is now a pressing need for them to understand the law and how it interrelates with their social media presence and policies to ensure that they do not find themselves facing unexpected and burdensome litigation. Unfortunately the risk of defaming someone unintentionally is greater on Twitter than other platforms because with tweets limited to 140 characters, it is often difficult to utilise the defences of truth, honest opinion or public interest in response to any claims of defamation. Compare, for example, a tweet which states “X is a drug addict” with a two-page newspaper article which mentions, among other statements, “X’s history of drug use”. It is more difficult to argue that the tweet conveys a substantially true imputation – one of the defences to an allegation of defamation – than it is to argue that the meaning assigned to the article is substantially true. The
2017 and is an independent report commissioned by the government to consider how employment law might keep pace with modern business practices, particularly the gig economy. The report makes a number of recommendations for reform of employment law and employment status, including a recommendation that there should be a presumption that individuals are workers or employees in cases where an online tool (still to be developed) suggests the individual is an employee or worker. The Taylor Review further recommends that while the three- tier approach to employment status should be retained, ‘workers’ should be renamed as ‘dependent contractors’. Further, and mirroring observations in the Uber case, it also states that the factor of control should be given greater weight in determining whether someone is a ‘dependent contractor’. More generally, there is a recommendation that the tests for determining employment status are made clearer and that the tests incorporate principles from case law, supported by appropriate guidance. In parallel, it recommends that the employment status tests for tax and employment law purposes should be aligned. The Taylor Review is a detailed report and makes a number of recommendations in addition to those set out here. It is not yet clear which of the recommendations will be adopted, but the government has welcomed the report and the current climate is such that changes are expected in due course. Watch this space... Zoe Bristow is an associate in the employment department at Travers Smith LLP
Question What are the legal risks associated with the use of Twitter and how can businesses adapt to counter these risks? Answer Twitter’s success can arguably be pinpointed to its two unique selling points: brevity and spontaneity. Its mission is simple – to create a platform where SMS-length messages can be shared instantly between groups of people. This environment has significant advantages for businesses; it creates unprecedented marketing opportunities and instils new meaning into the term ‘live news’. However, this novel environment also gives rise to legal risks. Users are able to post on a wide-reaching public platform within seconds, without statements are frequently shared without the accompanying balance, justification or reasoning expected of a print journalist. This article therefore focuses on defamation and Twitter as the principal legal risk. However, businesses must be aware that it is not the only risk: for example, businesses need to handle personal data responsibly and in accordance with the Data Protection Act, and must ensure they do not publish private or confidential information relating to others. The details of those risks are for another article. Defamation Defamation is the cause of action which can be used to protect or vindicate a person’s reputation. There are two types: libel, which is written or permanent forms of defamation; and slander, which is necessarily considering the consequences. Brief online
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