03/10/1951

CIVIL COURT, FIRST HALL

CARUANA COLOMBO VICTOR J.

THE HON. MABEL STRICKLAND O.B.E ET vs JOSEPH JAMES SCOREY ET

N/A

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N/A

FAIR COMMENT - LIBELL - PROOF

A fair comment on a matter of publc interest is no libel or slander. This, however, does not mean that the words are not defamatory, i.e. not injurious to the reputation, if they are on assertion ofsome alleged fact, and not a comment. For the assertion of a fact is no comment at all; and if thefact alleged is denied by the plaintiff and the defendant cannot prove that the fact alleged by himis true, there must be a verdict for the plaintiff. Moreover, the onus of proving that the words complained of are a comment, and that they are a comment on a matter of public interest, lies with thedefendant. The insinuations in the injurious words may be indirect; the allusions may be obscure;but, if there is a meaning in the words at all, the Court will find it out. If an article in a newspaper conveys a defamatory meaning to a person who reads it in the manner in which such articles areusually read by an ordinary person, it is immaterial that another meaning might be derived from acritical scrutiny of the words. It is also immaterial that the injurious statements affect also certain Government officials, so long as they also bear an injurious meaning to the plaintiff.