Wife’s ‘strangling’ claim not libel as it was on Facebook, judge says
A WOMAN’S claim in a Facebook post that her ex-husband “tried to strangle” her was not libellous, the Supreme Court ruled yesterday in a landmark defamation case.
Judges agreed that social media users do not “pause and reflect” on posts so precise dictionary definitions do not apply.
Nicola Stocker, 51, was found to have libelled her ex-husband, Ronald, in 2016 but the ruling was overturned yesterday in what has been described as a “victory for common sense”.
Mr Stocker previously won a High Court case after it was ruled by Mr Justice Mitting that people reading Mrs Stocker’s post would have thought he literally tried to kill her, while he claimed he was only trying to “silence” her during an argument when he put his hands around her throat.
Announcing the ruling, Lord Kerr said: “The advent of the 21st century has brought with it a new reader: the social media user.”
Describing Facebook, he said: “People scroll through it quickly. They do not pause and reflect. They do not ponder on what meaning the statement might possibly bear. Their reaction to class of the post is impressionistic and fleeting. They do not have someone by their side pointing out the possible meanings that might, theoretically, be given to the post.”
Speaking after the case Mrs Stocker, who had been facing a £300,000 legal bill before yesterday’s ruling, said that she hopes it will make other men “think twice” before dragging women through the courts. “I am just delighted, hugely relieved,” she said.
“I think it highlights the danger that the courts are being used by men to continue an abusive process, whether it be in the family courts or through a libel court.
“It has been five years of my life that has been hell. The emotional and financial damage that it does is huge.”
Mr Stocker, who was ordered to pay all legal costs, said that he was “disappointed” with the decision.
The Stockers’ went through an acrimonious divorce in 2012 after 13 years of marriage.
Mrs Stocker made the “offending” comments on a Facebook post to her ex-husband’s new girlfriend, Deborah Bligh, in December of that year.
Harriet Wistrich, director of Centre for Women’s Justice, which supported Mrs Stocker, said that is was “a victory for common sense and for women who seek to warn others about men’s abuse”.