Fair Comment
This defence arises if the defendant shows that the statement was a view that a reasonable person could have held, even if they were motivated by dislike or hatred of the plaintiff. The fair comment defence is sometimes known as "the critic's defence" as it is designed to protect the right of the press to state valid opinions on matters of public interest such as governmental activity, political debate, public figures and general affairs. It also defends comments on works of art in the public eye such as theatre productions, music and literature. However, fair comment and justification defences will fail if they are based on misstatements of fact.
An example of this arose in London Artists Ltd v Littler (1969). When a whole group of actors resigned from a play the director wrote a letter to each of them and to their agent company, accusing them of plotting against him. The case was decided to be a matter of public concern because of the general interest in entertainment.
For an opinion to be fair comment it must be based around true facts, as highlighted in Kemsley v Foot A.C. 345. The politician and journalist Michael Foot had printed an article in Tribune, a Labour Party newspaper, condemning the London Evening Standard for unethically publishing a certain story. Lord Kemsley, who owned other newspapers, maintained that the article's headline, "Lower than Kemsley", impugned the standards of the Kemsley press. The defence of fair comment was allowed to stand.
There is also no need for the perpetrator of the comment to actually believe in it as in court the comment will be measured according to an ‘objective’ test. In Telnikoff v Matusevitch (1992), Telnikoff wrote an article in the Daily Telegraph criticising the BBC Russian Service for over-recruiting people from ethnic minority groups. Matusevitch replied accusing the claimant of being a racist. The House of Lords held that he had to show that the comment was based around the article, which would make it fair comment as it was possible most people wouldn’t know why he was making such a statement.
A defence of fair comment can fail if the defendant shows malice, as in Thomas v Bradbury, Agnew & Co. (1906); the defendant not only criticised the claimant's book but made many personal slurs against the author, invalidating the defence.
Read more about this topic: English Defamation Law, Present Law, Defences
Famous quotes containing the words fair and/or comment:
“Let your fair eyes and gentle wishes go with me to my
trial.”
—William Shakespeare (1564–1616)
“The best thing about Sassy Seats is that grandmothers cannot figure out how they work and are in constant fear of the child’s falling. This often makes them forget to comment on other aspects of the child’s development, like why he is not yet talking or is still wearing diapers. Some grandmothers will spend an entire meal peering beneath the table and saying, “Is that thing steady?” rather than, “Have you had a doctor look at that left hand?””
—Anna Quindlen (20th century)