Just Banter! I can post what I want on Facebook and Twitter can’t I?
14th July 2017 by Ella Gould
The answer unfortunately is NO, as demonstrated in this court case.
Rhodri Philipps, the 4th Viscount St Davids, had posted on Facebook “£5,000 for the first person to ‘accidentally’ run over this bloody troublesome first generation immigrant, ” in relation to Gina Miller who led the judicial review of the government’s triggering of Article 50 (Brexit).
Mr Philips was ordered to pay £500 compensation, a £115 surcharge and costs of £250, in addition to a prison sentence for 12 weeks.
You can read more on the story here.
Often we think that our comments on Facebook are private, but they are not. Facebook is a public social media website. Yes, you can restrict those that can see your comments in the privacy settings but that does not stop your comments from being racist, sexist, defamatory or slanderous.
This also applies to most people’s jobs.
Most companies have social media policies in their Employee Handbook. The Advisory, Conciliation and Arbitration Service (ACAS) states that you can be sacked for “gross misconduct”. This could be posting derogatory or offensive comments on the internet about the company or a work colleague.
This rule applies to other social media sites such as Twitter.
In March 2017, writer Ms Jack Monroe won £24,000 damages in a High Court libel action against MailOnline columnist Mrs Katie Hopkins, for a tweet she posted on her Twitter account about Ms Monroe.
According to the Huffington Post, the judge also ordered Mrs Hopkins to pay an initial £107,000 towards Ms Monroe’s legal costs within 28 days. The final costs figure has yet to be assessed, but some legal experts put it above £300,000.
A high price to pay for a few words on Twitter that Mrs Hopkins thought were “OK!”
If you have any questions about what you can or cannot post or what to include in your company’s Employee Handbook, please email e.gould@laceyssolicitors.co.uk on call 01202 377800 and she will be able to help.
Ella Gould
Partner — Corporate and Commercial / Employment
Direct dial: 01202 377825
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Ella completed her Law LLB Hons degree at the University of Surrey graduating in 2013 and subsequently the LPC at the University of Law. Ella joined us to commence her training contract in 2014, qualified in March 2016, and became Partner in 2024. She acts on a wide variety of corporate, commercial and employment matters ranging from local businesses to national companies.
Ella can assist with business and share transactions, shareholders’ agreements, drafting articles of association and other general company law matters. Ella also advises on employment law aspects predominantly in a corporate context. In particular, her work includes drafting and reviewing contracts of employment, providing assistance and advice on TUPE transfers, and other general employer advice.
Outside of work Ella enjoys going for long runs around Bournemouth and the Purbecks, skiing when the opportunity arises and making the most of the local beaches in the summer.
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