In actions for libel against newspapers where pleas of ‘justification’ and ‘fair comment’ are stated in defence, the latter plea does not arise if the former is made good, it being precisely where the criticism would otherwise be actionable as a libel that the defence of ‘fair comment’ comes in. Further, a personal attack may form part of a fair comment upon given facts truly stated if it be warranted by those facts, i.e., if it be a reasonable inference from those facts. Whether the personal attack in any given case can reasonably be inferred from the truly stated facts upon which it purports to be a comment is a matter of law for the determination of the judge before whom the case is tried, but if he should rule that this inference is capable of being reasonably drawn, it is for the jury to determine whether in that particular case it ought to be drawn. Meaning of ‘quack’ considered.
Judges:
Lord Chancellor (Loreburn), Lords Robertson and Atkinson
Citations:
[1907] UKHL 997, 44 SLR 997
Links:
Jurisdiction:
England and Wales
Defamation
Updated: 27 April 2022; Ref: scu.622280