Monday, November 25, 2024

Joey Barton loses ‘bike nonce’ libel showdown with Jeremy Vine

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Joey Barton has lost a libel case brought by Jeremy Vine after a judge today ruled that a social media post calling the broadcaster a ‘bike nonce’ was defamatory.

The radio and TV presenter sued the former footballer for libel and harassment over 14 online posts, including one where he called Mr Vine a ‘big bike nonce’ and a ‘pedo defender’ on X, formerly Twitter.

High Court judge Mrs Justice Steyn today ruled that 11 of the posts, which the former Manchester City player shared to his 2.8 million followers, could defame Mr Vine.

The tirade of abuse came after Mr Vine questioned whether Mr Barton had a brain injury in response to a post where the footballer compared female football pundits Eni Aluko and Lucy Ward to serial killers Fred and Rose West.

This led to Mr Barton launching a ‘calculated and sustained attack on Mr Vine’ in early January this year, the court heard.

Mr Barton published several posts over the following days and began using ‘#bikenonce’ on X, which led to it trending on the platform, the court was told.

Joey Barton (pictured) calling broadcaster Jeremy Vine a ‘bike nonce’ on social media did have a defamatory meaning, a High Court judge has ruled

Judge Steyn told the court today: ‘The strong impression gained by the assertion the claimant is known as ‘aka’ bike nonce’, followed immediately by the further assertion that he is known as, again, ‘aka’ ‘pedo defender’, is that the term ‘nonce’ was being used in its primary meaning to allege the claimant has a sexual interest in children.

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‘While I do not consider that the hypothetical reader, who would read the post quickly and move on, would infer a causative link, i.e that the claimant defends paedophiles because he shares the same propensity, the juxtaposition of the words ‘nonce’ and ‘pedo’ is striking and would reinforce the impression that the former was used in the sense of ‘paedophile’. 

‘The reader would have understood that the word ‘bike’ was a meaningless aspect of the accusation, serving only as an indication that this was a label attached to the claimant, who was known as a cyclist, without detracting from the operative word ‘nonce’.’

At a preliminary hearing earlier this month, Justice Steyn was asked to decide several early issues in the case, including the ‘natural and ordinary’ meanings of the posts and whether they were statements of fact or opinion. 

Mr Vine’s barrister, Gervase de Wilde, told the hearing in London on May 9 that the abuse began following Mr Barton’s comments on women involved in football, particularly in the media, from the end of 2023. 

Mr de Wilde said that the posts contained ‘clear references to (Mr Vine) having a sexual interest in children’ and that the word ‘nonce’ had ‘an irreducible, defamatory meaning’.

William McCormick KC, for Mr Barton, said the posts contained ‘vulgar abuse’ but did not libel Mr Vine and represented ‘someone who is posting in the heat of the moment’.

Discussing one post published on January 8, which said Mr Vine was ‘aka bike nonce’, Mr McCormick said in written submissions that the term was an ‘obvious attempt at humorous abuse of Mr Vine’.

The posts made by Barton have been seen millions of times on X, formerly Twitter
The tirade of abuse came after Mr Barton compared female football pundits Eni Aluko (pictured) and Lucy Ward to serial killers Fred and Rose West
Commentator Lucy Ward ahead of the Premier League match between Aston Villa and Leeds United at Villa Park on February 9, 2022

But discussing another post which included the phrase ‘bike nonce’, Mrs Justice Steyn said: ‘In my judgment, the hypothetical ordinary reasonable reader would understand the post as taunting, scorning and ridiculing the claimant for his alleged proclivity.

‘The jocular tone might be seen by the ordinary reasonable reader as in bad taste, given the subject matter, but it would not lead them to understand that no allegation of having a sexual interest in children was seriously being made.

‘Nor would the reader perceive it as meaningless abuse ‘shouted’ in the heat of the moment, as there is nothing in the post that would give that impression.’

Mr Barton’s career saw him play for teams including Manchester City, Newcastle United and French side Marseille, before managing English Football League sides Fleetwood Town and Bristol Rovers.

Barton’s skills on the pitch were overtaken during his career by how his outbursts both on it and off.

The former footballer playing for Queens Park Rangers in 2014
Barton launched a tirade on X, formerly known as Twitter, against ITV pundit Eni Aluko and commentator Lucy Ward

He put a cigar in the eye of fellow Man City player Jason Tandy at a 2004 Christmas party resulting in a docking of six weeks’ wages. 

In 2007 he was involved in a training ground brawl with Ousmane Dabo, which led to a six-match ban and the courts handing him a four-month suspended sentence for actual bodily harm.

A year later in 2008 he was sentenced to six months in prison for assault and affray for his part in a fight in Liverpool city centre.

And the footballer was handed a 12-match ban after he elbowed Carlos Tevez in the throat during a match between Queens Park Rangers and Manchester City in 2012.

Gary Lineker has accused Barton of ‘raging’ and ‘kicking out’, for which he branded him the MoTD presenter an ‘odious little toad’.

He also threatened pundit and former England star Gary Neville, saying he would ‘get emptied’. Barton lashed out at Neville after he backed a statement from ITV Sport which said the way Barton targeted presenters Eni Aluko and Lucy Ward, as ‘clearly contemptible and shameful on his part’.

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