Lord Ackner said: ‘To say that ‘A is a disgrace to human nature’ is an allegation of fact, but if the words were ‘A murdered his father and is therefore a disgrace to human nature’, the latter words are plainly a comment on the former.’
Lord Keith said: ‘In my opinion the letter must be considered on its own. The readers of the letter must have included a substantial number of persons who had not read the article or who, if they had read it, did not have its terms fully in mind.’
‘the question whether words are facts or comment, is in the first instance for the judge: if he is satisfied that they must fall into one of the categories he should so rule. If a defamatory allegation is to be defended as fair comment it must be recognisable by the ordinary, reasonable reader as comment and the key to this is whether it is supported by facts, stated or indicated, upon which, as comment, it may be based.’
Lord Keith of Kinkel, Lord Brandon of Oakbrook, Lord Templeman, Lord Ackner, Lord Oliver of Aylmerton
[1991] UKHL 16, [1992] 2 AC 343, [1991] 4 All ER 817, [1991] 3 WLR 952
Bailii
England and Wales
Defamation
Updated: 10 January 2022; Ref: scu.559767
