Q. A business competitor has used the social networking site Twitter to make a "tweet" that libels me. Do the usual defamation rules apply to Twitter and sites such as this?
A Yes. It is now established law that publication of defamatory material on the internet can amount to libel or, where the publication is merely transitory, slander. This includes message boards, e-mails, websites and all other material posted on the internet.
Q The competitor is alleging that only a handful of people have seen the tweet and therefore I have suffered no real damage and can't sue him. Is that correct and do you think I should take action him?
A It is not correct and you are free to take action. However, whether or not you should do so depends upon all of the circumstances of the case and whether or not you think that the publication of the material threatens your future commercial livelihood. How many people actually viewed the tweet would be a relevant factor as, if only a small limited number saw it and it has now been removed, then it may be better to do nothing as bringing an action is only likely to exacerbate the position.
On the other hand, if the tweet is continuing or if it was seen by a major customer
(and as a result it has damaged your commercial interests) then you may consider taking action to be appropriate.
