McAlpine v Bercow

McAlpine v Bercow

The Tweet, in its natural and ordinary meaning, meant that the Claimant was a paedophile guilty of sexually abusing boys living in care, as a reasonable reader would infer from the context, the use of 'innocent face' ironically, and the linkage to the Newsnight abuse allegations. Alternatively, the Tweet bore an innuendo meaning to the same effect for readers with knowledge of the Newsnight report and the Claimant's political history.

Parties
Claimant: The Lord McAlpine of West Green; Defendant: Sally Bercow
Jurisdiction
England and Wales
Judgment Date
24 May 2013
Procedural Posture
Libel Action / Preliminary Issue on Meaning and Whether Defamatory
Outcome
The Tweet was defamatory of the Claimant in its natural and ordinary meaning.
Legal Topics
Libel, Social Media Publication, Repetition Rule, Innuendo Meaning, Defamatory Meaning
Defamation Media Law Libel Social Media Publication Repetition Rule Innuendo Meaning Defamatory Meaning

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Parties

The Lord McAlpine of West Green

Claimant

Sally Bercow

Defendant

Procedural Posture

Libel Action / Preliminary Issue on Meaning and Whether Defamatory

Legal Issues

  1. 1 Whether the Tweet published by the Defendant was defamatory of the Claimant
  2. 2 What is the natural and ordinary meaning or innuendo meaning of the Tweet

Ratio Decidendi

The Tweet, in its natural and ordinary meaning, meant that the Claimant was a paedophile guilty of sexually abusing boys living in care, as a reasonable reader would infer from the context, the use of 'innocent face' ironically, and the linkage to the Newsnight abuse allegations. Alternatively, the Tweet bore an innuendo meaning to the same effect for readers with knowledge of the Newsnight report and the Claimant's political history.

Court Disposition

The Tweet was defamatory of the Claimant in its natural and ordinary meaning.

Orders

  • Case to proceed to assessment of damages unless parties reach agreement