Twibel Retweeted: Twitter Libel and the Single Publication Rule

34 Pages Posted: 13 Jun 2018

Date Written: May 25, 2014

Abstract

In the age of Twitter libel, libelous tweets can be retweeted for further dissemination, at times after the publisher actively solicits others to retweet the tweet. Should courts eschew the single publication rule with the broadcast of an actively solicited retweet, deeming the retweet a republication of the defamatory original tweet and restarting the clock on the statute of limitations against the publisher? This Article will argue that the single publication rule should not be applied in the situation given the publisher’s role in actively soliciting for the retweet such that the retweet is a reasonably foreseeable publication by a third party, the nature and purpose of the retweet in reaching a new group, and the defamatory content presented in the retweet itself.

Keywords: Twitter, libel, twibel, defamation, tech law, single publication rule

Suggested Citation

Allen, Adeline, Twibel Retweeted: Twitter Libel and the Single Publication Rule (May 25, 2014). 15 J. High Tech. L. 63 (2014). Available at SSRN: https://ssrn.com/abstract=3186250

Adeline Allen (Contact Author)

Trinity Law School ( email )

2200 N. Grand Ave
Santa Ana, CA 92705
United States

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