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Sally Bercow tweet 'pointed to Lord McAlpine' | Sally Bercow tweet 'pointed to Lord McAlpine' |
(about 2 hours later) | |
A tweet by Sally Bercow pointed the "finger of blame" at Tory peer Lord McAlpine in the wake of a report which saw him wrongly linked to claims of child abuse, the High Court has heard. | A tweet by Sally Bercow pointed the "finger of blame" at Tory peer Lord McAlpine in the wake of a report which saw him wrongly linked to claims of child abuse, the High Court has heard. |
Lord McAlpine, who was falsely accused after a BBC Newsnight investigation, is seeking libel damages over the tweet. | Lord McAlpine, who was falsely accused after a BBC Newsnight investigation, is seeking libel damages over the tweet. |
He was not named on the programme but was wrongly identified on the internet. | He was not named on the programme but was wrongly identified on the internet. |
Mrs Bercow, the wife of the House of Commons Speaker, has denied that her tweet was defamatory. | Mrs Bercow, the wife of the House of Commons Speaker, has denied that her tweet was defamatory. |
Last November, a Newsnight programme accused a "leading Conservative politician from the Thatcher years" of sexually abusing boys in the care of a children's home in Wales in the 1970s and 1980s, but it did not name Lord McAlpine. | Last November, a Newsnight programme accused a "leading Conservative politician from the Thatcher years" of sexually abusing boys in the care of a children's home in Wales in the 1970s and 1980s, but it did not name Lord McAlpine. |
There followed widespread speculation about the politician's identity and, two days after the broadcast, Mrs Bercow tweeted: "Why is Lord McAlpine trending. *innocent face*." | There followed widespread speculation about the politician's identity and, two days after the broadcast, Mrs Bercow tweeted: "Why is Lord McAlpine trending. *innocent face*." |
'Nudge and wink' | 'Nudge and wink' |
She went on to apologise in four subsequent tweets. | |
The BBC apologised unreservedly to Lord McAlpine for wrongly and falsely implicating him. It settled his defamation claim for £185,000. | The BBC apologised unreservedly to Lord McAlpine for wrongly and falsely implicating him. It settled his defamation claim for £185,000. |
Several other high-profile figures also mentioned Lord McAlpine's name on the social networking site, Twitter. | Several other high-profile figures also mentioned Lord McAlpine's name on the social networking site, Twitter. |
The BBC's legal affairs correspondent Clive Coleman said the High Court "meaning hearing" was held in front of a judge and involved both sides arguing over the meaning of the words in the tweet. | The BBC's legal affairs correspondent Clive Coleman said the High Court "meaning hearing" was held in front of a judge and involved both sides arguing over the meaning of the words in the tweet. |
If the judge decides the tweet was defamatory, there will be a separate hearing to decide the amount of damages owed. If he rules it was not, it will be an end to the case. | If the judge decides the tweet was defamatory, there will be a separate hearing to decide the amount of damages owed. If he rules it was not, it will be an end to the case. |
Sir Edward Garnier QC, a former solicitor general who is acting on behalf of Lord McAlpine, told the court that because of the huge amount of publicity around the Newsnight programme "only an idiot in a hurry" could not have known the meaning of the tweet. | Sir Edward Garnier QC, a former solicitor general who is acting on behalf of Lord McAlpine, told the court that because of the huge amount of publicity around the Newsnight programme "only an idiot in a hurry" could not have known the meaning of the tweet. |
He said it was against a backdrop of extensive news coverage that Mrs Bercow tweeted Lord McAlpine's name - a man who fitted the description of the unnamed person at the centre of the controversy. | He said it was against a backdrop of extensive news coverage that Mrs Bercow tweeted Lord McAlpine's name - a man who fitted the description of the unnamed person at the centre of the controversy. |
The addition of "innocent face" underpinned the connection of him to wrongdoing, giving "a nudge and a wink" to readers. | The addition of "innocent face" underpinned the connection of him to wrongdoing, giving "a nudge and a wink" to readers. |
"Put another way, what was the tweet about, if it was not pointing the finger of blame at Lord McAlpine?" he said. | "Put another way, what was the tweet about, if it was not pointing the finger of blame at Lord McAlpine?" he said. |
Neutral question | |
Lord McAlpine was not in court for the hearing but Mrs Bercow did attend. | Lord McAlpine was not in court for the hearing but Mrs Bercow did attend. |
Her lawyer, William McCormick QC, told the judge that Mrs Bercow had swiftly tweeted a number of apologies and had written to apologise for the distress caused. | Her lawyer, William McCormick QC, told the judge that Mrs Bercow had swiftly tweeted a number of apologies and had written to apologise for the distress caused. |
He added that a previous offer to settle the case had not been withdrawn. | He added that a previous offer to settle the case had not been withdrawn. |
He said Mrs Bercow's tweet posed a question and contained an implied statement of fact that Lord McAlpine was trending, but this was entirely neutral. | He said Mrs Bercow's tweet posed a question and contained an implied statement of fact that Lord McAlpine was trending, but this was entirely neutral. |
The words and punctuation of "innocent face", he said, were merely an indication that the question should be read with a deadpan emphasis or tone, comparable with stage directions such as sotto voce or a notation on a musical score. | The words and punctuation of "innocent face", he said, were merely an indication that the question should be read with a deadpan emphasis or tone, comparable with stage directions such as sotto voce or a notation on a musical score. |
Judgement in the hearing has been reserved. | Judgement in the hearing has been reserved. |
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