Honest Comment

Honest Comment

Honest Comment
1. Public Interest
  1. Relates to a comment as to the claimant or their conduct
  2. Comment is only acceptable if:
    1. It is in the public's interest
    2. It relates to a matter submitted for public review and comment
    3. (Spiller v Joseph)
  3. Determined on what the judge feels the public has an interest in knowing
    1. (London Artists v Littler)
2. True Facts
  1. Must be an opinion
  2. There must be sufficient indication of the facts
    1. (Kemsley v Foot)
  3. Must be formed on true facts, but the statement does not have to be true, just objectively honestly held
    1. (Reynolds v Times Newspapers)
  4. Comment must indicate the facts on which it is based, explicitly or implicitly
    1. (Spiller v Joseph)
  5. Decision for the judge to determine whether it is a comment
  6. Decision for the jury to determine whether it is in fact comment
  7. Defendant aided by Defamation Act 1952, Section 6
3. Honestly Held
  1. An objective test
  2. "Would any fair man, however prejudiced he may be or however exaggerated or obstinate his view, have said that..."
    1. (Merrivale v Carson)
  3. Jury must decide whether the defendant genuinely held that view and was not motivated by malice
    1. Spite and animosity would merely be evidence to support such an assertion
    2. (Cheng v Tse Wai)
  4. Evidence of malice will defeat the defence
    1. (Thomas v Bradbury Agnew & Co. Ltd.)
  5. Malice refers to a lack of genuine belief in the statement
  6. Where the comment is honestly held then the court will not find malice
    1. (Bransen v Bower (No. 2))
  7. "The true test is whether the opinion, however exaggerated, obstinate or prejudiced, was honestly held by the person expressing it"
    1. (Reynolds v Times Newspapers)

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