Are you actually concerned about the legality, as per your previous comment, or are you simply looking for a way to classify the tweet in a way that pleases you?
The reason I ask is that you seem to be following a pattern of what I guess would be called bias. You want the tweet to be bad so you say "it's bad because of this", then someone says it isn't that, to which you then answer, "well it's bad because of this then", looking for a new reason to claim that the tweet is bad.