How to avoid (successful) accusations of defamation on Twit…

1. Facts are different from opinions. But stating an opinion can imply a fact. https://t.co/1PkiI4olib

2. When I tweet I aim to be sure A. I show the *facts* I am basing my *opinion* on. B. I have good reason to believe the *facts* are true. C. My opinion is reasonable based on the facts.

Here I am calling Arron Banks a racist (opinion). Pointing out this is because he called for mosques to be demolished (fact). 4/ https://t.co/mk6g7TeBzE

Reminder: https://t.co/KpWzq0aF8C is run by Arron Banks who called for British mosques to be demolished. They\u2019ve always been openly racist. https://t.co/n8uppHUqQ5
— Simon Cox (@SimonFRCox) October 9, 2019

I can prove this fact - and others - about what Banks has said. And I can justify why in my opinion that shows he’s a racist. 5/

It may be different if I called [person] a racist without indicating why - because that may imply to readers I know [damaging facts] that I can’t prove. 6/

3. When you tweet your facts with your opinion, you help show what you mean by your words. So “corruption” has different meanings - here I’m showing one 7/ https://t.co/jgVVtnsC5D

Jenrick\u2019s corruption continues https://t.co/sqm7CMZjSD
— Simon Cox (@SimonFRCox) November 11, 2020

4. If someone alleges defamation, take it seriously. Think “can I prove the fact I stated / based my opinion on? Is my opinion reasonable?” 8/

5. If you’re in doubt, ask someone you trust to read what you’ve said. And to ask you those same questions - “can you prove the facts? Is your opinion reasonable?” 9/

6. Just because someone says “that’s libel” doesn’t mean it is. Yaxley-Lennon *is* a racist. He hasn’t sued me yet. 10/

7. If you think your tweet was wrong, or you don’t think you can show the facts, I’d delete it. You can always tweet it again if you become sure enough. 11/

8. If someone tells you they think you libelled *them* (not someone else), don’t ignore them. Think about how to respond, and respond. 12/

9. A person who may have been libelled is expected by the court to try to settle the dispute without proceedings. https://t.co/Jb9kDB8aT9

10. If someone tweets/DMs that you’ve libelled them but it’s not clear how, you can ask them what it is that you’ve said they disagree with - especially *factually*.

Because you may have it wrong, or they may have misunderstood you. 14/

11. Think before you *re-tweet* and *reply* to a tweet that may be libellous. Treat RTing and agreeing replies as if the tweet was in your name. 15/

Libel law is important protection.

How our friends, colleagues, the world sees us matters to many people. The law isn’t going away.

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How to avoid (successful) accusations of defamation on Twitter. A few thoughts from someone who is NOT a libel lawyer, but does say very critical things about named individuals. 1/

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