26/04/1948

OF CRIMINAL APPEAL (INFERIOR)

HARDING WILLIAM

REGINALD MILLER vs JOSEPH J. SCOREY

N/A

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N/A

FAIR COMMENT - LIBEL

The defence of fair comment must be based on facts truly stated; if the facts are not truly stated,a comment cannot be fair. Nor it is enough that the writer honestly believed the facts to be as bealleged them: the defence of fair comment does not extend to cover mis-statements of facts, howeverbona fide; Provided the comment is based on a particular allegation, it is immaterial whether the allegation concerns the complainant or not; because the fact remains that the comment is based on anallegation which has not been proved to be true. Comment is any kind of criticism, observation, animadversion, censure, estimate, or other matter in the nature of an expression of judgement or opinion upon a subject of public interest. As to the comment being "fair", it appears to be safe to adoptthe test that the comment must not exceed the reasonable limits of fair criticism. The criticism isnot "fair" if it is such as any fair man, however exaggerated or obstinate his views, would not have written that criticism.