Clarke v Norton: 1910

(Victoria) The court considered what was fair comment: ‘More accurately it has been said that the sense of comment is ‘something which is or can reasonably be inferred to be a deduction, inference, conclusion, criticism, remark, observation etc.’

Judges:

Cussen J

Citations:

[1910] VLR 494

Jurisdiction:

England and Wales

Cited by:

CitedGeorge Galloway MP v The Telegraph Group Ltd CA 25-Jan-2006
The defendant appealed agaiunst a finding that it had defamed the claimant by repeating the contents of papers found after the invasion of Iraq which made claims against the claimant. The paper had not sought to justify the claims, relying on . .
ApprovedBranson v Bower (No 1) CA 24-May-2001
The test of whether comment was fair comment is simply that of whether the opinion was honestly expressed, and on the basis of facts accurately stated. There is no special rule for imputations of corruption or dishonest motives. Nor is there any . .
CitedAssociated Newspapers Ltd v Burstein CA 22-Jun-2007
The newspaper appealed an award of damages for defamation after its theatre critic’s review of an opera written by the claimant. The author said the article made him appear to sympathise with terrorism.
Held: The appeal succeeded. Keene LJ . .
Lists of cited by and citing cases may be incomplete.

Defamation, Commonwealth

Updated: 07 May 2022; Ref: scu.238335