Legal and Financial Recourse for Twitter Defamation
(BBC media personality Stephen Nolan)
If someone is hell-bent on hurting you through social media, they can easily weaponize communication on a platform to cause professional, personal, emotional and financial pain. Yet those same people might not be as hidden and immune to punishment as they believe.
In an interesting story in The Irish Times, reporter Alan Irwin writes about a man being held accountable for his smear campaign carried out against an Irish radio and television broadcaster, Stephen Nolan.
The perpetrator, only known from two usernames: Pastor Jimberoo and Pastor Jimberoo’s Ghost, is to pay out a “six-figure sum in damages for a ‘malicious’ campaign of false and defamatory allegations.”
The unknown scoundrel has issued a public apology and will pay Nolan’s legal costs. To his credit, Nolan “agreed to the man’s request for anonymity after he expressed concerns for his own personal security.”
Nolan’s security team was able to identify the Twitter user after an investigation, at which point, attorney, Paul Tweed served him legal notice. The case was settled before any court proceedings (imagine that) due to the perpetrator’s “immediate contrition and regret”, Tweed said.
That person issued his now-public mea culpa, as reported by the Irish Times, through his attorney:
“For some time, operating the Twitter accounts Pastor Jimberoo and Pastor Jimberoo’s Ghost, I engaged in a campaign against the BBC personality, Stephen Nolan, which involved the systematic dissemination of false and defamatory allegations against him.
“I also set up a change.org petition against Mr. Nolan, which had been based entirely on false and defamatory allegations, with the aim of undermining and damaging his professional reputation.
“I fully accept that the offending allegations had been totally unsubstantiated and without foundation.”
“I unreservedly apologise to Mr. Nolan for any distress caused and confirm that the aforesaid Twitter accounts have since been deleted.
“I have agreed to pay Mr. Nolan a six-figure sum in damages, together with his legal costs.”
There is no way this man ever anticipated being identified, found, served, threatened, persuaded to publicly and fully, honestly apologize and then agree to pay a six-figure penalty. Going to court likely didn’t seem like a good roll of the dice for him either.
Will this outcome be proven to be a common one for those who are defamed online? Probably not. Yet it shows this type of outcome is not outside the realm of possibility. It is quite possible.
Nolan certainly was relieved, agitated and eager to comment at the conclusion of the legal remedy.
“I was fortunate to have the personal resources to track this individual down, and to pursue him with the internationally renowned libel lawyer Paul Tweed,” he said. “I am deeply grateful to the BBC, who will always judge me fairly on its editorial standards, rather than the lies this individual attempted to propagate.
“Not everybody has such support, but this should be a warning to all trolls – you will be tracked down.”
Those who attack people with clear intent to defame on social media know full well it’s damaging to reputation and well-being. They just don’t expect any sort of punishment. They feel safe and immune to consequences.
However, defamation is a crime and if someone has the means to pursue legal remedy, risk for the perpetrator rapidly, significantly increases.
