The judge takes all of that into account when determining damages. The fee is based on an earlier lawsuit, with inflation added:
> Mr Hamer asks for a single global sum to vindicate Dr Garrett’s reputation and compensate him for distress in relation to all the publications complained of. He proposed a range of comparator decisions for my consideration, in support of a submission that libel damages approaching £100,000 would be appropriate. I have considered these. I noted in particular the case of Fentiman v Marsh [2019] EWHC 2099 in which an award of £55,000 was made in respect of allegations in a blog read by about 500 people that the claimant, a company CEO, was a hacker responsible for illegal cyber-attacks on a company. The tone of the allegations there were something comparable to those in the present case – somewhat personally and floridly put. I hold the effects of inflation in mind.
> In my judgment, in all these circumstances, the minimum sum necessary to convince a fair-minded bystander of the baselessness of the allegations against him, to vindicate his reputation and restore his standing, and to compensate him for the consequences he has suffered, is £70,000.
The fact techrights is a somewhat popular and respected publication on free software (at least by some circles) probably cost them.
This isn't just about someone calling someone else an asshole, this is about a long and continuous series of accusations and (now legally confirmed) libel, neatly documented and organised on a dedicated hate page: https://techrights.org/wiki/Matthew_J_Garrett/ Looking at the dates on those links, they were especially active during August of 2023, accusing him of everything from misogyny and racism to committing hate crimes.
> Mr Hamer asks for a single global sum to vindicate Dr Garrett’s reputation and compensate him for distress in relation to all the publications complained of. He proposed a range of comparator decisions for my consideration, in support of a submission that libel damages approaching £100,000 would be appropriate. I have considered these. I noted in particular the case of Fentiman v Marsh [2019] EWHC 2099 in which an award of £55,000 was made in respect of allegations in a blog read by about 500 people that the claimant, a company CEO, was a hacker responsible for illegal cyber-attacks on a company. The tone of the allegations there were something comparable to those in the present case – somewhat personally and floridly put. I hold the effects of inflation in mind.
> In my judgment, in all these circumstances, the minimum sum necessary to convince a fair-minded bystander of the baselessness of the allegations against him, to vindicate his reputation and restore his standing, and to compensate him for the consequences he has suffered, is £70,000.
The fact techrights is a somewhat popular and respected publication on free software (at least by some circles) probably cost them.
This isn't just about someone calling someone else an asshole, this is about a long and continuous series of accusations and (now legally confirmed) libel, neatly documented and organised on a dedicated hate page: https://techrights.org/wiki/Matthew_J_Garrett/ Looking at the dates on those links, they were especially active during August of 2023, accusing him of everything from misogyny and racism to committing hate crimes.