The words of a Sheriff in an ongoing defamation action in Scotland offer a useful reminder about the need for caution on social media. Brian Pollock, Director in our Dispute Resolution and Litigation team explains more in the latest issue of Lindsays Life.
“In the bear-pit of social media, nuance is lost amidst the babble of the online throng and the blizzard of the infinite scroll.”
At the nub of the Sheriff’s initial decision in this case – Ashton Properties (Glasgow) vs Unite the Union – was whether social media readers tend to:
- pause and reflect on the nuance of social media posts, or
- react more impressionistically, understanding posts in a way that could make them defamatory. The Sheriff took this second view.
Lessons to learn
While the case relates to specific circumstances and wording, it highlights the point that using poetic licence or deliberate ambiguity on social media and online review platforms could enmesh you in expensive legal proceedings.
The Defamation and Malicious Publication (Scotland) Act 2021 simplified and modernised the law in Scotland, updating it for the digital age and codifying defences like truth and honest opinion. However, even with clearer legal principles and defences, it’s important to be temperate in what you write or imply online. Before posting, commenting or sharing:
- Check the facts
- Choose your words wisely
- Remember that nuance is lost in the “babble of the online throng”
It’s useful advice for family members too, whether they’re a teen on Tiktok or a Facebook-loving octogenarian.
