Edinburgh MSP Andy Wightman has won a defamation action brought against him over a blog he published criticising a company which "sold" souvenir plots of land in Scotland.
Wildcat Havens CIC alleged Wightman had defamed them in a blog where he criticised their business model in a number of Tweets, Facebook posts and in two blogs.
Wightman, a long-time campaigner on land reform issues, had made several statements on his blog.
The company, owned by Paul O'Donohughe, who represented himself in court, sought damages of £750,000 for loss and damage against the MSP.
Wightman was represented by Roddy Dunlop QC, who has recently successfully acted for both former Scottish Labour leader Kezia Dugdale and former Liberal Democrat leader Jo Swinson.
In his submissions to the court, O'Donoghue raised a reply Wightman had made where he said the companies business methods "may well be illegal".
The judge, Lord Clark, accepted the defence to this made on behalf of Wightman that the statement was an "expression of comment or opinion based upon facts which are true and made on a matter of public interest".
Lord Clark also held that even if the statement was an expression of fact, it was substantially true because when the blog was written O'Doonoghue did not own the plots of land therefore could not purport to sell it.
Wightman's defence of fair comment was also upheld by the judge in relation the several other statements O'Donohughe claimed were defamtory.
The MSP had said publicly that if he had been found liable, he may have been forced to declare bankruptcy and would therefore have been ineligible to represent the Lothians in the Scottish Parliament.
He supported his legal case with a successful crowdfunder which raised over £100,000.
Speaking to Edinburgh Live, Wightman said he was "delighted" with the judgement: "I would like to thank my legal team of Campbell Deane and Roddy Dunlop QC for their support, diligence and hard work over the past three years. I’d also like to thank my family and colleagues at work for their support and understanding over this period.
"I want to pay particular thanks to the thousands of people who generously contributed to my crowdfunder, without whom I would simply have been unable to defend myself. I have been hugely encouraged by their ongoing support.
"The National Union of Journalists and Scottish PEN have also been very supportive as part of their wider campaign for defamation reform.
"I have maintained throughout that I did not defame the pursuer and that this action should never have been brought against me.
"It is vital that Parliament modernises the law of defamation to ensure that the law provides the right balance between freedom of expression and the rights of people not to have their reputations tarnished.
"It is also important that the law is clear, so that writers and journalists can write confidently and provide the freedom of expression that is so important in any democracy."
Edinburgh Live has contacted representatives of Paul O'Donoghue for comment on the judgement.
