Former Labour leader is delighted to win £25k court battle with indy blogger over Twitter row
KEZIA Dugdale has hailed her court win over a pro-independence blogger who accused her of defaming him as “important for free speech and a healthy Press”.
The former Scottish Labour leader said: “I’m delighted to have won this case and hugely relieved
after two long years of it hanging over me.”
Wings Over Scotland activist Stuart Campbell took the MSP to court in Edinburgh last month over her Daily Record column accusing him of sending “homophobic tweets”.
but yesterday Sheriff Nigel Ross ruled that although Dugdale’s accusation wasn’t correct her opinion piece contained “the necessary elements for a defence of fair comment”.
He said Dugdale’s belief the tweet on March 3, 2017, expressed homophobic sentiments was “sincere and honestly held” and “with no malice”.
Campbell strenuously denied being a homophobe, insisting such an allegation was “untrue” and “unfair”. He went to court to protect his reputation as a consistent supporter of the equal treatment of homosexual people, and also sought £25,000 damages.
Campbell sued Dugdale for defamation over her words in the Daily Record on March 7, 2017, referencing “someone who spouts hatred and homophobia towards others”. The article didn’t name Campbell.
The tweet at the heart of the case was made about MSP Oliver Mundell during the Conservative Party conference on March 3 that year which Campbell attended.
He stated: “Oliver Mundell is the sort of public speaker that makes you wish his dad had embraced his homosexuality sooner.” Sheriff Ross said: “Mr Campbell intended the tweet to be insulting about Oliver Mundell’s speaking abilities, and the reference to his father’s homosexuality was intended as a basis for a jibe directed at the son.
“The jibe was to the effect that a homosexual man would not father children and therefore his son would never have been born and have become a public speaker.”
Campbell, 51, denied it was a homophobic attack on Mundell’s gay father, Scottish Secretary David Mundell. His QC Craig Sandison argued it was “satirical criticism” of Oliver Mundell’s public speaking skills.
Dugdale’s comment, he said, was “not fairly made” and he claimed it was motivated in part by her “ill feeling” towards Campbell.
Roddy Dunlop QC, for Dugdale, described the Lothian MSP as “entirely credible and reliable”.
The true question was whether someone was entitled to view the tweet as homophobic, he said.
In his written judgment Sheriff Ross said: “Despite incorrectly implying that Mr Campbell is homophobic, her article is protected under the principle of fair comment.
“She is not liable to pay damages to Mr Campbell.”