Campbell v Dugdale

Defamation – Defamatory meaning and innuendo – Fair comment defence. Sheriff Court: In an action in which the pursuer sued the defender for defamation after he published an item on his Twitter account critical of a politician's public speaking ability, referencing the sexual orientation of the politician's father, who was homosexual, and the defender, herself (then) a politician, wrote an article in a national newspaper, criticising the Tweet, the court held that as a matter of law the words the defender used in the article might carry the defamatory meaning the pursuer complained of, so on that issue he was entitled to an evidential hearing to establish whether, in fact, they did carry that meaning; whether the words the defender used amounted to a comment rather than a statement of fact and if comment, whether it was fair/honest, were both questions of fact which required to be determined at an evidential hearing.

Category: