Issue link: https://maltatoday.uberflip.com/i/958047
maltatoday SUNDAY 25 MARCH 2018 9 TIA RELJIC "RETWEETS do not equal en- dorsements" – it's a peculiar disclaimer on so many Twitter profiles that was meant to imply you do not take ownership of a clumsy retweet. Five years ago, it made Gawker's list of 'Terrible Things That Must End in 2013'. Malta's twitter-sphere is re- plete with opportunistic retweets of bookmarked content, but was this week's libel judgement won by the heirs of the late Daphne Caruana Galizia a stark warn- ing against the dangers of the retweet? On Thursday, Caruana Gali- zia's heirs and her husband's le- gal firm's partner Andrew Borg Cardona won three libel suits against Parliamentary Secretary Aaron Farrugia, who in 2014 reproduced, on Facebook and Twitter, an article published on Labour newspaper Kullhadd – which was subsequently found to be libellous. Magistrate Francesco Depas- quale held that one could still be held accountable for public en- dorsement of a public comment. Farrugia was fined €6,000 in three libel suits for sharing an article now deemed libellous by the same court, then condensing its contents into a tweet, and fur- ther adding to it a tweet with his own comment, thereby "making the information his own". So, is the retweet of content that can be – several years down the line – found to be untrue or defamatory, also a potentially defamatory gesture? Indeed, the case resembles that of British Conservative Party MP Ben Bradley, who tweeted that Labour leader Jeremy Corbyn had sold secrets to communist spies – a move that cost Brad- ley a substantial sum despite the fact that the same statement ap- peared in front-page headlines the day before. In rewording, summarising, or adding onto, a libellous state- ment, one can no longer use the defence of the 'repetition rule', which is otherwise widely used in British defamation law. So compulsive tweeters are treading through a minefield. Say a story is stretched over a number of weeks, as it gets fol- lowed up by the same paper. No right of reply is sent to contra- dict the content, further lead- ing the public to assume that the story is true. How can social media users verify what they are about to share? In delivering his judgement, Magistrate Depasquale said that it would be "surreal" to sue someone for libel for a retweet, such is the technological ease of simply retweeting content that is published freely on Twitter. If the accused merely shared the article, it would appear an ac- tion for libel would not stand in court. But in rewording the contents of the libellous contents, and adding his own comment into the tweet that accompanied his retweet, Farrugia effectively "made the tweet his own", ren- dering him guilty of producing a libellous statement. And in this case, a right of reply eventually came, weeks later. But Farrugia's own fair effort to tweet out that reply, was not considered. It's a timely reminder that be- yond the innocent sharing of content, the actual rewording or addition of comment – even if originating from that same newspaper article or something in the public domain and widely discussed in public – can be held liable for defamation. So it would seem the vast ma- jority of social media users can easily open themselves up to li- bel, even though plaintiffs tend to sue influencers whose com- ments carry more weight. But is society even prepared to take responsibility for every bit of news that gets commented on unwittingly, for the off-chance that it might be "fake" or "de- famatory" – with the implica- tions this might have on jour- nalism and social media in the future? This concern was emphasised by the quote from Italian novel- ist and semiologist Umberto Eco, which the Court thought appro- priate to reference in delivering its judgement on Thursday. "So- cial media now accords freedom of speech to a legion of imbeciles who would otherwise be lim- ited to expressing their opin- ions after a glass of wine at the bar, without causing damage to the wider community. Whereas they would formerly have been silenced immediately, now they enjoy the same platforms af- forded to Nobel Laureates. It is an invasion of imbeciles." Social media users have al- ways been tantamount to be hauled into court for defama- tion, threats and similar misuse of technology. In 2012, the UK's then director of public prosecu- tions warned that "grossly of- fensive" tweets could make one liable for prosecution under the Communications Act. Keir Starmer added that add- ing a disclaimer in one's Twitter bio… the ubiquitous "retweets are not endorsements" does not even provide any real legal pro- tection. And Malta's own Press Act is also based on the British one, so Starmer's warning is not to be dismissed: sharing irre- sponsibly on social media or de- liberately malicious statements can carry serious legal conse- quences. tia.reljic@mediatoday.com.mt News CAREER OPPORTUNITIES The Malta Development Bank (MDB) is a new promotional institution set up by the Government of Malta in December 2017 in terms of the Malta Development Bank Act, 2017. The aim of the MDB is to compliment commercial banks so as to bridge any nancial gaps in bankable investments. The objective is to support the socio-economic development of Malta by oering nancing facilities to viable operations with special focus on SMEs, infrastructure, innovation, digitalisation, education and socially oriented projects. The MDB is currently recruiting and invites applications from suitably qualied candidates who are citizens of European Union Member States for the following vacancies: Applications together with curriculum vitae and a copy of qualication certicates are to be submitted by Monday 16 April 2018 addressed to: The Chief Executive Ocer, Malta Development Bank, P.O. Box No. 42, Valletta or info@mdb.org.mt • Chief Risk Ocer (JobsPlus permit 146/2018) • Head Treasury (JP147/2018) • Internal Auditor (JP 150/2018) • IT Ocer (JP 151/2018) • Legal and Compliance Ocer (JP 152/2018) • Chief Accountant (JP155/2018) • Personal Assistant to the Chairman and CEO (JP 156/2018) • Chief Operations Ocer (JP 157/2018) • Chief Business Development Ocer (JP 158/2018) • Chief Credit Ocer (JP159/2018) These posts oer excellent career opportunities and carry very attractive remuneration packages commensurate with qualications and experience. A full job description of these posts is available on the MDB's website www.mdb.org.mt Additional information may be obtained by contacting the MDB on info@mdb.org.mt or on (+356) 2247 9210. BRIDGING THE GAP SUPPORTING SMEs & INNOVATIVE ENTERPRISES MDB Recruitment Advert 14.5 x 23cm (EN and MT).indd 1 22/03/2018 17:33 Thank you for not retweeting Defamatory and fake news, Twitter and Facebook make for an expensive and toxic concoction In rewording the content of the libellous contents, and adding his own comment into a tweet, Farrugia effectively "made the tweet his own", rendering him guilty of producing a libellous statement