Nicola Stocker wins appeal over “tried to strangle” Facebook post, Jonathan Price acts

Judgment has this morning been handed down by the Supreme Court in Stocker v Stocker [2019] UKSC 17, in which Jonathan Price acts with David Price QC for the Appellant. Nicola Stocker’s appeal has been allowed, reversing the decision of the trial judge and the Court of Appeal. The finding that the words, “tried to strangle” – used by Ms Stocker in a Facebook post in 2012 when describing an episode of domestic abuse which the trial judge found had occurred – meant that her husband had tried to kill her, rendering her liable to him in defamation for that more serious allegation, has been overturned.

The Court has emphasised the essential role played by context in determining the defamatory meaning of words in a libel action, in particular where those words are published on social media. “The fact that this was a Facebook post is critical. The advent of the 21st century has brought with it a new class of reader: the social media user. The judge tasked with deciding how a Facebook post or a tweet on Twitter would be interpreted by a social media user must keep in mind the way in which such posting and tweets are made and read.”

Caoilfhionn Gallagher QC, one of the heads of the Doughty Street Chambers media team, said, “The Court has unanimously held that Mitting J erred in law in his approach, using dictionary definitions as the starting point, and failing to conduct a realistic exploration of how the ordinary reader of a Facebook post would have understood Nicola’s post alleging her ex-husband “tried to strangle” her. The Supreme Court held that the ordinary reader would have interpreted this as meaning Mr Stocker had grasped her by the throat and applied force to her neck – which he had. Today’s ruling by the Supreme Court is very welcome news, for Nicola Stocker, for many other victims and survivors of violence who are terrified to speak for fear of being sued for libel, and for common sense.”