MR JUSTICE WARBY
Approved Judgment
Monroe v Hopkins [2017] EWHC 433 (QB)
suggested that this would justify it in the eyes of “right-thinking people generally”.
Nor do I believe it would. There was no apparent link between the political cause and
the monument that was attacked. The vandalism was carried out in peacetime,
following a properly conducted General Election.
53.
I have no doubt that the natural and ordinary meaning conveyed by the First Tweet
and the innuendo meaning conveyed by the Second Tweet were defamatory by the
standards of the common law.
The extent of publication
54.
It is submitted for Ms Hopkins that the First Tweet was “only directly published to
small number of individuals because it was an ‘at reply’ tweet”. It is true that it only
went to the timelines of those who followed both Ms Hopkins and Ms Monroe.1 It is
common ground that this is a small group, the defence estimate being 140. This is
unsurprising, given Ms Monroe’s contrasting politics. But the First Tweet was
available to view on Ms Hopkins’ home page for a period which I find was
approximately 2 hours and 25 minutes. In addition, it will have been “retweeted” to
the followers of other Twitter users.
55.
It turns out that by deleting the First Tweet, at Ms Monroe’s request, Ms Hopkins
made the Twitter Analytics unavailable. There is no criticism of her for that. But it
means that the number of publishees via her home page can only be estimated. The
case for Ms Monroe is that this can be done as follows. First, by appropriate division
of the 5.7m profile visits to Ms Hopkins’ home page in May 2015, with a view to
working out how many of those visits are likely to have been made during the period
on 18 May when the First Tweet was up on the page. That approach has obvious
limitations but, in principle, would seem to be sound. It helps that Ms Hopkins did not
tweet again until the Second Tweet, so any visitor to the home page will have seen the
First Tweet as the top item.
56.
Secondly, Mr Bennett refers to the Twitter Analytics for other tweets sent by Ms
Hopkins on 17-18 May, submitting that these provide a reliable guide. The figures
relied on are for impressions, engagements and re-tweets of all tweets posted by Ms
Hopkins between 20:48 on 17 May and 21:47 on 18 May 2015, other than the First
Tweet. Again, this seems to be a source of evidence from which appropriate
inferences can be drawn. Relying on these two approaches, Mr Bennett invites me to
find that the First Tweet had something in the region of 20-25,000 readers via the
@KTHopkins home page.
57.
Mr Price submits that the claimant’s estimates are no better than guesses, with no
solid basis. He argues that any substantial traffic to his client’s home page in the 2 ½
hours at issue is likely to have been from followers of Ms Monroe and followers of
Ms Penny, drawn by the offending tweet. He submits, and I accept, that there were
few who followed both Ms Penny and Ms Hopkins. Further, says Mr Price, it would
be wrong to assume that every impression amounts to a viewing of a tweet. The
claimant’s case, he submits, is at the very top of the range of conjecture. He argues
that it would not be safe to put any figure on the readership, and that Ms Monroe has
not satisfied the burden of proof. Alternatively, he invites me to find there was some
1
See How Twitter Works @ [21].
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