MR JUSTICE WARBY
Approved Judgment
Monroe v Hopkins [2017] EWHC 433 (QB)
relatively small publication in the high hundreds or just into four figures, made up
mostly of followers of Ms Monroe and Ms Penny.
58.
Precision is of course impossible, but nor is it necessary. It is enough if I can make a
sound assessment of the overall scale of publication. The submissions for Ms Hopkins
that this cannot be done are not only unattractive but also unrealistic in my view. I am
satisfied that the readership of the First Tweet was comfortably into five figures. An
estimate of around 20,000 seems to me to be entirely reasonable, and much more
likely to be an under-estimate than an over-estimate. The Twitter Analytics that are
available show that individual tweets over the 25 hour period I have mentioned
generated between 21,000 and 252,000 impressions, and between 198 and 14,196
engagements. The higher of these figures are those for the Second Tweet. Although it
was not retweeted as often as some others, it was clearly “popular” and by a fair
margin the tweet with the most impact of all those dealt with in these records.
59.
An “impression” does not mean that the person on whose screen the tweet appeared
actually read it. The figure must be discounted to arrive at an estimate of readers. Mr
Bennett allows a discount of 60% to arrive at a figure of 100,000 readers for the
Second Tweet. I accept that approach. The figures for the Second Tweet are
significant so far as the First Tweet is concerned. They indicate the probability that
the figures for the First Tweet were high. The analytics show that other tweets in the
evenings generated six-figure numbers of impressions.
60.
Mr Bennett’s other method of estimation leads him to a figure of around 25,000
readers, by this route: (a) he divides the 5.74m profile views in May 2015 by the 31
days of the month to arrive at an average of 185,161 views per day; (b) he divides that
by 18, on the footing that the audience was a domestic one, and would spent some
hours asleep, arriving at an average of 10,286 views per hour; (c) he multiplies that by
the number of hours the First Tweet was available to view. This is an approach that
starts with a known and undisputed figure and applies a rational analysis to it. It may
perhaps overstate the position a little. For instance, the scale of views on particular
days may depart from the average, for all we know. But taking account of what the
Twitter Analytics show, I consider that the 20,000 figure I have mentioned is a safe
conclusion.
61.
I accept that the First Tweet was probably re-tweeted extensively. It is impossible to
estimate the extent, except to say that the evidence suggests it was probably in the
hundreds. It is not necessary to go further than this in analysing the scale of the
likely readership of the First Tweet. These conclusions are enough to enable me to
decide the other issues that I have to address. But I add that, though it would be idle to
engage too much in analysis of the Twitter Analytics, the document does show the
text of individual tweets, so it is possible to compare the higher figures for
impressions and engagements with the content. That comparison seems to me to
support the conclusions I have reached on the other bases mentioned.
62.
As for the Second Tweet, the Twitter Analytics tell the story clearly enough. I have
set out the figures already. They are clearly substantial. It was re-tweeted 40 times.
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