MR JUSTICE WARBY
Approved Judgment
Monroe v Hopkins [2017] EWHC 433 (QB)
evidence of what people actually thought the statement meant, or how they
reacted in fact.
(3) Most cases turn on the “natural and ordinary meaning” that the ordinary
reasonable reader would take from a statement. But there are cases in which the
answer to the question, “what does statement X mean?” will be altered by facts
outside the statement itself, which are not matters of common knowledge. If
readers of the statement complained of were aware of such extraneous facts, and
that knowledge would affect the way that an ordinary reasonable person would
understand the statement, there will be an “innuendo” meaning. By these means
an otherwise innocent statement may be defamatory, or an otherwise defamatory
statement innocent, in the eyes of readers aware of the “innuendo facts”. The
principles are stated in Fullam v Newcastle Chronicle & Journal [1977] 1 WLR
651 and McAlpine v Bercow [2013] EWHC 1342 (QB) [49]-[55].
(4) But “A statement is not defamatory unless its publication has caused or is likely to
cause serious harm to the claimant’s reputation”: s 1 Defamation Act 2013. This
provision (“the Serious Harm requirement”) means that it is not enough to prove
that a statement had a defamatory tendency. A claimant must prove as a matter of
fact that their reputation suffered, or is likely to suffer, serious harm as a result of
the publication complained of.
24.
It is common ground that the right starting point in this case is to decide the
meaning(s) of the tweets. After that, it is necessary to determine whether the
meaning(s) arrived at have a defamatory tendency, according to the common law
tests. If they do, the next step is to make findings about the extent of publication.
Finally, I must consider whether the Serious Harm requirement is satisfied.
What did the tweets mean?
The rival cases
25.
Ms Monroe’s case is that the First Tweet bore one or other of two natural and
ordinary meanings: either (1) that she had vandalised a war memorial and had thereby
desecrated the memory of those who fought for her freedom and had committed a
criminal act; or alternatively (2) that she condoned or approved of the criminal
vandalisation of a war memorial and the consequent desecration of the memory of
those who fought for her freedom.
26.
The argument for Ms Hopkins is that the First Tweet did not suggest or imply that Ms
Monroe had herself vandalised any memorial. Read in their full and proper context
they mean no more than that Ms Monroe “was supportive – politically – of those who
had painted the slogan onto the monument.”
27.
Ms Monroe complains that the Second Tweet bore an innuendo meaning that she
“approved or condoned the criminal vandalisation and desecration of the women’s
war memorial in Whitehall during an anti-government protest.” The innuendo facts
relied on are: the vandalisation of the war memorial; the outrage it caused;
PennyRed’s “I don’t have a problem” tweet; the wide reporting and comment on that
tweet; the two tweets published by Ms Hopkins, condemning @PennyRed’s view;
and the fact that the Second Tweet referred to @PennyRed’s view. Those facts are
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