TV presenter to pay £125k to Arlene Foster over "outrageous'' defamatory tweet
Last updated 27th May 2021
TV presenter Dr Christian Jessen has been ordered to pay damages of £125,000 to Arlene Foster for posting an "outrageous'' defamatory tweet.
Arlene Foster sued TV presenter Dr Christian Jessen for defamation over a tweet he posted making an unfounded claim that she was having an extra-marital affair on 23 December 2019.
The post remained online until Dr Jessen deleted it on 7 January 2020.
Delivering his judgment at the High Court in Belfast, Mr Justice McAlinden said:
"To state that a woman married for 25-and-a-half years and a mother of three children, who is a committed Christian and who is recognised as such, and who has publicly made statements extolling the importance and sanctity of marriage, who also happens to be the leader of the Democratic Unionist Party and a holder of the office of First Minister of Northern Ireland, was an adulterer, a hypocrite and a homophobe is a most serious libel and is grossly defamatory.
"It is an outrageous libel concerning an individual of considerable standing, attacking her integrity at the most fundamental level, and it involves the trashing in a very public fashion of the relationship that Mrs Foster holds dearest in her life.
"It affected core aspects of her life, namely her relationship with her husband, her deep Christian faith, it called into question her fitness and suitability to occupy the office of First Minister at a time when delicate negotiations were continuing on the re-establishment of the Northern Ireland Executive.
"In short, I consider that it was an outrageously bad libel.''
The judge referred to evidence given by Arlene Foster suggesting the timing of the tweet may have been deliberately chosen to undermine negotiations concerning the restoration of the Northern Ireland Executive.
He said: "I do not ascribe to the defendant the knowledge of, or interest in Northern Ireland politics which would be a prerequisite to giving any detailed consideration to the possibility that the timing of this tweet was intended to influence the outcome of the negotiations. However, in respect of the anonymous tweets which preceded the defendant's much more prominent statement, such a motivation cannot be dismissed out of hand.''
Mr Justice McAliden continued: "Further aggravating features include the tardy response to the letter of claim, the woefully inadequate and deliberately misleading response, the failure to respond to any subsequent respondence, the failure to publish any form of apology or retraction and his failure to make any offer of compensation, which has resulted in the plaintiff being required to give evidence.''
Speaking outside the High Court, Mrs Foster's solicitor Paul Tweed said he hoped the judgment would be a "watershed'' for all women who have been attacked on social media.
Mr Tweed said: "My client is very satisfied with the substantial sum in damages awarded by the court today. Indeed I believe this is a record award for a tweet.
"The award also takes into account a number of aggravating factors in this case, including Dr Jessen's failure to retract and apologise.
"Dr Jessen has been offered every opportunity to do the right thing in this regard from the outset, but he has pointedly failed to do so.
"My client is grateful to the court for this total vindication which hopefully will also act as an encouragement and a watershed for all women in public life who have been subjected to similar attacks on social media.''
Mr Tweed said that Mrs Foster would not be making any further comment on the judgment.
He added: "I would just say one thing personally. On Christmas Day 2019, in response to the warning I had given to Dr Jessen, he tweeted 'Laugh Out Loud'.
"I don't think he will be laughing too much today.''