MR JUSTICE WARBY
Approved Judgment
Monroe v Hopkins [2017] EWHC 433 (QB)
(3) The credibility of the publisher in the eyes of publishees. This is clearly a relevant
question. Skilfully treading a somewhat delicate line, Mr Price submits that
Twitter is the “Wild West” of social media, and not as authoritative as (for
instance) The Sun or the Daily Mail, which are established institutions, subject to
regulation, that employ lawyers to check copy. On the facts of this case, I do not
find this submission persuasive. I shall come to the question of whether Ms
Hopkins’ mistake was or would have been obvious to all. But there is no good
reason to conclude that a reader would discount the allegation because of who Ms
Hopkins is, or the fact that she published on Twitter. She is a well-known figure.
She made clear at the time she was a Sun columnist.
(4) The absence of evidence that the allegation was believed. There is a dearth of such
evidence, but this is a commonplace of litigation in this field and understandable
for reasons identified by Dingemans J in Sobrinho. It is said to be remarkable,
bearing in mind how uninhibited people are on Twitter, that there is nothing
indicating that a person changed their position in respect of Ms Monroe as a result
of the tweets. I think this submission lacks a sound evidential basis. I am not
persuaded that the absence of evidence of this kind is evidence of a lack of harm.
(5) Evidence that “no harm was done” to Ms Monroe’s reputation. This is said to be
“obvious” from contemporaneous social media activity. I reject this. There is
some evidence of social media activity suggesting that some people paid little
attention to what had been said. But this represents only a fraction of the
readership, and there is no sound basis on which to infer that it is representative of
the whole. Certainly, some people realised that Ms Hopkins had mistaken Ms
Monroe for Ms Penny, and did so before the half-hearted early morning tweet of 2
June. But the evidence does not persuade me that this was a universal realisation.
I deal with media coverage of 19 May separately, below.
(6) The question of whether Ms Monroe suffered or did not suffer a torrent of abuse
as a consequence of the tweets (the “torrent” point). This is also an issue to which
I shall devote a little more attention below. My conclusion is that “torrent” is
probably something of an overstatement, and much of what is relied on cannot be
shown to be causally linked to the tweets complained of. But I accept that there
was some abuse resulting from the tweets complained of, and reflecting harm to
reputation.
(7) The state of Ms Monroe’s existing standing or reputation in the eyes of the
publishees. As Mr Price accepts, a defendant who wishes to prove that a claimant
had an existing bad reputation must plead and prove it. That has not been done.
Instead, Mr Price relies on documentary evidence that the (as he would say) few
who abused Ms Monroe in the aftermath of the tweets complained of were people
who were “already making the same or similar comments about her before the
tweets”. That is what the analysis of Ms Harris tends to show. This is a tricky
area. In principle, evidence of bad reputation, however it may come into a case, is
relevant only if it goes to the same sector of the claimant’s reputation. This
evidence is not clearly of that nature. But even assuming this is a legitimate line
to take (which may be debatable) I do not think this is a matter to which any great
weight should be attached. It is not safe to infer that a claimant’s reputation has
not been harmed by a specific defamatory allegation just because a person who
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