03/02/2020
Stocker v Stocker [2019] UKSC 17 (3 April 2019)
tweet; that an impressionistic approach is much more fitting and appropriate to
the medium; but that this impressionistic approach must take account of the
whole tweet and the context in which the ordinary reasonable reader would read
that tweet. That context includes (a) matters of ordinary general knowledge; and
(b) matters that were put before that reader via Twitter.”
43.
I agree with that, particularly the observation that it is wrong to engage in elaborate analysis
of a tweet; it is likewise unwise to parse a Facebook posting for its theoretically or logically
deducible meaning. The imperative is to ascertain how a typical (ie an ordinary reasonable) reader
would interpret the message. That search should reflect the circumstance that this is a casual
medium; it is in the nature of conversation rather than carefully chosen expression; and that it is preeminently one in which the reader reads and passes on.
44.
That essential message was repeated in Monir v Wood [2018] EWHC (QB) 3525 where at
para 90, Nicklin J said, “Twitter is a fast moving medium. People will tend to scroll through
messages relatively quickly.” Facebook is similar. People scroll through it quickly. They do not pause
and reflect. They do not ponder on what meaning the statement might possibly bear. Their reaction to
the post is impressionistic and fleeting. Some observations made by Nicklin J are telling. Again, at
para 90 he said:
“It is very important when assessing the meaning of a Tweet not to be overanalytical. … Largely, the meaning that an ordinary reasonable reader will
receive from a Tweet is likely to be more impressionistic than, say, from a
newspaper article which, simply in terms of the amount of time that it takes to
read, allows for at least some element of reflection and consideration. The
essential message that is being conveyed by a Tweet is likely to be absorbed
quickly by the reader.”
45.
And Nicklin J made an equally important point at para 92 where he said (about arguments
made by the defendant as to meaning), “… these points only emerge as a result of close analysis, or
someone pointing them out. An ordinary reasonable reader will not have someone by his/her side
making points like this.”
46.
A similar approach to that of Nicklin J had been taken by Eady J in dealing with online
bulletin boards in Smith v ADVFN plc [2008] EWHC 1797 (QB) where he said (at paras 13 to 16):
“13.
It is necessary to have well in mind the nature of bulletin board
communications, which are a relatively recent development. This is central to a
proper consideration of all the matters now before the court.
14.
… Particular characteristics which I should have in mind are that they
are read by relatively few people, most of whom will share an interest in the
subject-matter; they are rather like contributions to a casual conversation (the
analogy sometimes being drawn with people chatting in a bar) which people
simply note before moving on; they are often uninhibited, casual and ill thought
out; those who participate know this and expect a certain amount of repartee or
‘give and take’.
https://www.bailii.org/uk/cases/UKSC/2019/17.html
11/16
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