Bloggers beware!

A blogger who sued a council chief executive for libel, and lost, has been ordered to pay £25,000 in damages, including £5,000 aggravated damages.

Jacqueline Thompson sued Carmarthenshire council chief executive Mark James for comments he made about her in a letter circulated to other councillors after she was ejected from a meeting for filming.

James counter-sued in respect of five postings on Thompson’s blog, Carmarthenshire Planning Problems and more. Thompson’s complaints arose from planning decisions.

Ruling in Jacqueline Thompson v Mark James & Ors [2013] EWHC 515 (QB); [2013] EWHC 585 (QB), Mr Justice Tugendhat found in favour of James in respect of three out of five blog posts.

Tugendhat J said Thompson was “engaged in an unlawful campaign of harassment, defamation and intimidation”, conducted through letters and e-mails and via her blog.

However, Thompson, whose blog won the Best Political Blog award at the Media Wales Wales Blog Awards 2011, said she was “devastated” by the decision.

“This has potentially opened the floodgates for similar actions and I believe this judgment has dire consequences for others who publicly scrutinise and criticise their local authority, including the press,” she said.

“I have always acted in good faith, my motives have always been sincere and have merely criticised the council where I felt it appropriate, and have never had a complaint until the counterclaim.

“I have no idea where I’m going to get £25,000 from, I haven’t got £25.”

In a statement, James said: “Councils and other public bodies accept that they are open to legitimate criticism, but this cannot extend to...unlawful harassment and unfounded allegations of wrongdoing by its officers.

“On the one occasion the council responded to her attacks Mrs Thompson secured the services of specialist libel solicitors and counsel and sued for libel with the benefit of a conditional fee agreement with success fee.”