MR JUSTICE WARBY
Approved Judgment
Monroe v Hopkins [2017] EWHC 433 (QB)
matters of ordinary general knowledge; and (b) matters that were put before that
reader via Twitter.
36.
As to the characteristics of the readership, it has been said that in a Twitter case, “The
hypothetical reader must be taken to be a reasonable representative of users of Twitter
who follow the Defendant”: McAlpine [58] (Tugendhat J). The mechanics of the
medium mean however that the readership of a tweet may go beyond followers of the
defendant, and extend to followers of other Twitter users: see How Twitter Works at
[14]. This case is an illustration. But nobody has attempted to establish by evidence
any particular characteristics of the groups of Twitter readers this case is concerned
with that could have a bearing on meaning. It is not in dispute that the followers of the
parties (and, I would add, visitors to their homepages) are likely to be people who are
at least broadly sympathetic to the contrasting political stances of Ms Monroe and Ms
Hopkins. This means, on the facts, that there were groups of readers who read what
was said from different political standpoints. But that is not relevant to the meaning
of words.
37.
There has been some debate about another issue: what are the limits of categories (a)
and (b) at [35] above? How much should be regarded as known to a reader via
Twitter, or as general knowledge held by such a reader? I am not sure that the
answers matter a great deal for the resolution of the question that I am now
addressing, or for the outcome of this case overall. But in principle the main dividing
lines seem reasonably clear. A matter can be treated as known to the reader if the
court accepts that it was so well-known that, for practical purposes, everybody knew
it. An example would be the fact that the Conservatives formed a government after
the 2015 General Election. A matter can be treated as known to the ordinary reader of
a tweet if it is clearly part of the statement made by the offending tweet itself, such as
an item to which a hyperlink is provided. The external material forms part of the tweet
as a whole, which the hypothetical reader is assumed to read. This much seems to be
common ground in this case. Ordinary readers of the tweets complained of had
information that a war memorial had been sprayed with offensive graffiti.
38.
The third point concerns material on Twitter that is external to the tweet itself. This is
perhaps less straightforward. I would conclude that a matter can be treated as part of
the context in which an offending tweet if it is on Twitter and sufficiently closely
connected in time, content, or otherwise that it is likely to have been in the
hypothetical reader’s view, or in their mind, at the time they read the words
complained of. This test is not the same as but is influenced by the test for whether
two publications are to be treated as one for the purposes of defamation: Dee v
Telegraph Media Group Ltd [2010] EWHC 924 (QB) [2010] EMLR 20 [29] (Sharp
J).
39.
I would include as context parts of a wider Twitter conversation in which the
offending tweet appeared, and which the representative hypothetical ordinary reader
is likely to have read. This would clearly include an earlier tweet or reply which was
available to view on the same page as the offending material. It could include earlier
material, if sufficiently closely connected. But it is not necessarily the case that it
would include tweets from days beforehand. The nature of the medium is such that
these disappear from view quite swiftly, for regular users. It may also be necessary, in
some cases, to take account of the fact that the way Twitter works means that a given
tweet can appear in differing contexts to different groups, or even to different
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