A fair comment is a privilege that allows the media to publish opinions about public officials and public figures without fear of a libel suit. It also allows the general public to share their opinions about these individuals. In New York Times Co. v.
How far is fair comment a good Defence to an action for defamation?
Fair comment is one of three main defences to defamation claim that can be defeated by malice. Proof of malice would deem any comment unfair in law, and the defence of fair comment would consequently fail. Furthermore, a claim of malice would demonstrate that the opinion expressed was not, in fact, honestly made.
How can we say that a comment is fair?
The opinion, however, must be fair and based upon facts which the defendant can identify and prove to be true. It must also be honestly held and not motivated by malice (some improper or dishonest motive).
What is making fair comment on matters of public interest?
Fair comment is defined as a “common law defense [that] guarantees the freedom of the press to express statements on matters of public interest, as long as the statements are not made with ill will, spite, or with the intent to harm the plaintiff”.
What is the concept of fair comment and criticism are there any limitations to it?
Are there any limitations? The concept of fair comment and criticism means that companies and individuals voluntarily display their wares to the public for sale or consumption, they have no real recourse against criticism done with honest purpose and lack of malicious intent. keep up with the changing law!
What are elements of fair comment?
The comment must be that is a genuine expression of an opinion which is relevant and is not published out of malice or exaggerated. It is a statement that can reasonably be inferred from the facts upon with it relies.
What is defence of fair comment?
The fair comment defence is available when the alleged defamatory words are comments (expressions of opinion) on matters of public interest. The com- ment must be based on true facts. The comment, though it can include inferences of fact, must be rec- ognizable as comment.
Is fair comment an exception of defamation?
Fair comment cannot justify a defamatory statement which is untrue is fact. A comment cannot…if the publication made is perse defamatory, then the burden is on the person made the publication to prove that he is justified in making the same as fair comment, justification by truth and in good
What is fair comment in tort?
The essentials of a fair comment are: (i) That it is comment or criticism and not a statement of fact, (ii) That the comment is on a matter of public interest, (iii) That the comment is fair and honest.
What is fair statement?
A statement of opinion (no matter how ludicrous) based on facts which are correctly stated, and which does not allege dishonorable motives on the part of the target of the comment.
What is honest opinion in defamation?
Honest Opinion.
That the statement indicated, whether in general or specific terms, the basis of the opinion. The opinion must be based on true facts which are either contained in the publication or are sufficiently referred to. It is for your opponent to prove that the underlying facts are true.
Is fair comment a good defence for contempt of court?
Section 5 of the Contempt of Courts Act, 1971 states that a person is not punishable for contempt of court if he or she publishes a reasonable comment on the merits of a matter that has been heard and determined or if a person publishes a fair comment on the merits of a matter that has already been heard and determined
What makes an effective public comment?
Cite specific, measurable impacts. Try to avoid hearsay or prophetic (“chicken little”) statements. Provide evidence for why the hearing body should make a particular decision, and if possible relate the evidence directly to the decision-making criteria.
Is comment a defence to defamation?
The defendant in a claim of defamation can take the defence of making a fair and bona fide comment. Thus, making fair and reasonable criticism without any malicious intention does not amount to defamation.
What is the best defense to a defamation claim?
truth
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required. In other words, the statement publicized about the plaintiff must be false in order to prove defamation.
What is the best defence Against defamation?
Prove the Truth of Statements
Truth is an absolute defence against defamation. The burden of proof lies on the defendant, meaning defending party must prove that the defamatory words were true in substance.
Is fair comment a libel defense?
If the person making the statement has an honest belief in the truth of the information, they can use fair comment as a defense in a libel suit, even if the information is ultimately proven to be false.