http://www.westerntelegraph.co.uk/news/national/15148557.Writer_Jack_Monroe_wins___24k_damages_from_columnist_Katie_Hopkins/
A question is not a statement. An offensive question can be answered in the negative, neutralising any libelous content of the question.
A "When did you stop beating your wife?" question is of course libelous if you are denying that you ever beat your wife.
I am also annoyed that the Sally Bercow case was decided wrongly.
Someone asking a question with an "innocent face" does not amount to libel.
https://www.theguardian.com/uk-news/2013/oct/22/lord-mcalpine-libel-row-sally-bercow
This is because any question can be answered in the affirmative or the negative to neutralise any libelous content within it, unless the question assumes the existence of some contested fact, eg "When did you stop beating your wife?" when it is being disputed by the person asked that he ever beat his wife.
No jury of right-thinking tweeting men and women would ever have decided that Katie Hopkins had caused Mx Jack Monroe "serious harm" or awarded damages in these terms at paragraph 80.
https://inforrm.wordpress.com/2015/03/26/lee-kuan-yew-and-freedom-of-expression-the-libel-action-as-a-means-of-silencing-political-opposition-tessa-evans/
http://www.nytimes.com/2010/04/04/opinion/04pubed.html
https://www.judiciary.gov.uk/wp-content/uploads/2017/03/monroe-v-hopkins-2017-ewhc-433-qb-20170310.pdf
A question is not a statement. An offensive question can be answered in the negative, neutralising any libelous content of the question.
A "When did you stop beating your wife?" question is of course libelous if you are denying that you ever beat your wife.
I am also annoyed that the Sally Bercow case was decided wrongly.
Someone asking a question with an "innocent face" does not amount to libel.
https://www.theguardian.com/uk-news/2013/oct/22/lord-mcalpine-libel-row-sally-bercow
This is because any question can be answered in the affirmative or the negative to neutralise any libelous content within it, unless the question assumes the existence of some contested fact, eg "When did you stop beating your wife?" when it is being disputed by the person asked that he ever beat his wife.
No jury of right-thinking tweeting men and women would ever have decided that Katie Hopkins had caused Mx Jack Monroe "serious harm" or awarded damages in these terms at paragraph 80.
Taking account of all these matters, my award is £24,000. That is divided into £16,000 for the First Tweet and £8,000 for the Second Tweet.
https://inforrm.wordpress.com/2015/03/26/lee-kuan-yew-and-freedom-of-expression-the-libel-action-as-a-means-of-silencing-political-opposition-tessa-evans/
http://www.nytimes.com/2010/04/04/opinion/04pubed.html
https://www.judiciary.gov.uk/wp-content/uploads/2017/03/monroe-v-hopkins-2017-ewhc-433-qb-20170310.pdf
1 comment:
Defamation is that which lowers your reputation in the eyes of right thinking men and women. Grounds for appeal: My Lord, is anyone likely to think less of this woman on account of being slagged off by a deranged hag like, er, me?
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