Chang, 2001 emlr 777 may be considered which talks about the concept of fair comment. It was held that comment which falls within objective limits of the evidence of fair comment can loose its immunity only by proof that the defendant did not genuinely hold the view that he expressed, honesty of the belief is the touchstone. Leave required for further proceedings in relation to publication of same defamatory matter. The claimant music band and its members had sued for defamation over a notice on the defendant agencys website which alleged, they said, that they.
A form of qualified privilege applied to news media publications relating to discussion of matters that are of legitimate concern to the community as a whole because they materially affect the. Datuk seri najib razak today failed again in the court of appeal to strike out the defence by pas organ harakahdaily in response to his defamation suit a threeman bench chaired by datuk mohd zawawi salleh said najibs appeal to dismiss the defence of qualified privilege and fair comment. Tue may 23rd 2006 the content of the law handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. Journalists in the uk must now swot up on the new defamation act, which came into.
In victoria, truth technically, justification has always been a complete defence to a defamation action. Defamation law in canada is contrary to international law, in both design and practice. As a result, they cannot form the basis for a defamation claim. In former case, it is a comment and in the latter case, it is. Defamation act chapter d7 table of contents 1 definitions 2 presumption of damage 3 allegations of plaintiff 4 apology in mitigation of damages 5 payment into court 6 general and special verdicts 7 consolidation of actions 8 damages in consolidated action 9 defence of fair comment. Pdf defamation is tarnishing the reputation of someone. The publication has to be clearly expressed as an opinion and should not mixed up with facts. Fair comment this defence protects the right of a south african citizen to honestly express his or her genuine. The tort of defamation is actionable without proof of special damage. The coronavirus lockdown has put much of scotlands court system on hold, with jury. Statements of opinion generally cannot support a cause of action for defamation, even if they are outrageous or widely off the mark.
Fair comment and criticismplaintiff is a public figure statements of fair criticism and comment. Redefining the defence of fair comment news law gazette. Virtual court hears kezia dugdale defamation appeal bbc news. A person who has been sued for defamation can defend their decision to publish on the grounds of truth justification, absolute privilege, qualified privilege or fair comment. The statute also provides that if the imputations are substantially true, then the defendant has a defence of justification. By this process, the law as it has been espoused in cases. The jury then declares that the defamation is true, exacerbating the defamation many times over. Dec 01, 2010 supreme court changes fair comment defence in libel cases this article is more than 9 years old lord phillips says that key test for defending libel cases should be changed to honest comment in. Defamation act 1957 revised 1983 defamation 1 laws of malaysia. Supreme court changes fair comment defence in libel cases this article is more than 9 years old lord phillips says that key test for defending libel cases should be changed to honest comment in. Where distinction between absolute and qualified privilege was brought out as under. Therefore, irrespective of the intentional of an individual, no defamation suit can be brought against.
Mar, 2020 the lco does not recommend an extensive overhaul of substantive legal principles, finding that recent common law and legislative reforms to the substantive elements of defamation e. Defamation laws should provide, and courts should ensure, that a statement is deemed to be defamatory only if its publication causes. Three scottish judges have broken new ground by hearing a case in a virtual court held over video link. Just as much as bloggers have a right to free and fair comment, those under their scrutiny have a right to legal recourse if they feel. Section 3 of the defamation act 20 removed the common law defence of fair comment and replaced it by honest opinion. Court proceedings election for defamation proceedings to be tried by jury. But, as solicitor tamsin allen explains in the following article, there is a new defence available in the 20 defamation act for academics who publish in journals. On march 12, 2020, the law commission of ontario lco released its longawaited final report on defamation law in the internet age pdf along with an executive summary pdf of its. Then there is the matter of having to pay the defendants costs. So long as the ultimate goal of a statement is not malicious, fair comment is a. Love of reputation inspires people to do great things, acquire name and fame which is the main frame of life in every walk of life. The first english defamation case to mention value.
This important decision will be of assistance to all. A simple guide to understanding civil and criminal defamation. In an action for libel or slander in respect of words consisting partly of allegations of fact and partly of expression of opinion, a defence of fair comment shall not fail by reason only that the truth of every allegation of fact is not proved if the expression of opinion is fair comment having regard to such of the facts. But this area of the law is relevant to people from all walks of life and we deal with defamation cases across a very wide range of contexts. The applicable legislation for defamation in malaysia is the defamation act 1957 defamation act. The plaintiffs showed that the proceeding had substantial merit, based on the posts that alleged that they acted in a discriminatory manner, were corrupt and engaged in lawbreaking. What rules govern the determination of the remoteness of damages refer to scott v. A term used in the defense of libel actions, applying to statements made by a writer e. Law commission of ontario recommends sweeping changes to law. Defamation law in kenya and posts made on social media and.
Apr 21, 2010 fair comment case supreme court hearing listed 21 04 2010 in an earlier post we noted that on 2 february 2010 the supreme court granted permission to appeal in the fair comment case of joseph v spiller 2009 ewca civ 1075. The long running and high profile blogger defamation case of baglow v smith has been determined in the defendants favour. For this to be available there must be a statement of the opinion that the defendant holds, 58 an indication of the basis for it and an honest person could have held the opinion on the basis ofa any fact which existed. The defendant can avail this defence when he has merely made a fair comment in a matter of public interest. Fair comment is a defense against defamation claims where the statement at issue is an expression of opinion, reasonably based on preferably disclosed or wellknown true facts, which is on a matter of public concern, and which is the honest opinion of the speaker which was not made specifically to cause harm. From a legal perspective, 3 general criteria must be proven before defamation.
A comment only constitutes defamation if it is made known to a third party publication. Slander is a spoken defamation while libel is written or printed defamation. In an action for libel or slander in respect of words consisting partly of allegations of fact and partly of expression of opinion, a defence of fair comment shall not fail by reason only that the truth of every allegation of fact is not proved if the expression of opinion is fair comment. Your right of recourse for defamation of character. Please help improve this article by adding citations to reliable sources. From that base, the defence of fair comment at common law, and its statutory version in new south wales, are examined, and a schema of the elements of the defence proposed, in part 4. Supreme court changes fair comment defence in libel cases. Baglow v smith, defence of fair comment succeeds in landmark blogging libel case 5 03 2015 the long running and high profile blogger defamation case of baglow v. Defamation fair comment matters of public interest the. If the defendant can show that the allegedly the words slander and libel are frequently confused and used incorrectly. A form of qualified privilege applied to news media publications relating to discussion of matters that are of legitimate concern to the community as a whole because they materially affect the interests of all the community. Under this test, the difference between an opinion and a fact often comes down to a case by case. In the case of cfc stanbic bank limited versus cofek, cofek relied on the defence of fair.
Roles of judges and juries in defamation proceedings. A person has a single cause of action for defamation in relation to the publication of defamatory matter about the person even if more than one defamatory imputation about the person is carried by the defamatory matter. In defamation cases, the required form of fault is intention you cannot negligently defame a person. The key to advancing this defence is that the statement must be presented as opinion, rather than fact, and that the statements made are ones which are actually matters of opinion, rather than fact. Nothing is defamatory which is a fair comment in the matter of public interest. As a general rule, it is not defamation to impute anything, which is true, concerning any person. The bill is aimed at updating the scots law on defamation and on verbal injury both of which provide legal remedies to those damaged by false statements. For civil cases, the relevant legislation is the defamation act 1957. Opinion and fair comment privileges digital media law. The plaintiffs did not show that the defence of fair comment was not available with respect to the alleged discrimination. This is not to say that every statement of opinion is protected. What is fair comment in the context of a defamation suit.
Fair comment is a defamation defense in commonwealth countries like canada and the uk. Eknath, the defendant was unable to prove the facts published by him and therefore was held liable for defamation. Malice both defences of qualified privilege and fair comment will fail if it is proven that the defamatory words were published with malice. The bill aims to make the law easier to understand. Fair comment in defamation cases 34 south african law. Defamation is a false and unprivileged statement of. For this defence to succeed, the defendant must prove. In short, fair comment allows people to voice opinions about matters of public interest, without fear of retribution. Landmark cases in defamation law is a diverse and engaging edited collection that brings together eminent scholars from the united kingdom, the united states, australia, canada and new zealand to analyse cases of enduring significance to defamation law. A libel case between a corporation and an environmentalist highlights the fair comment defense for defamation fatal accusations lead to environmental defamation lawsuit. It implements recommendations made by the scottish law commission in its 2017 report on defamation. Explain fair comment, as it relates to defamation lawsuits.
Honest opinion, which was previously termed fair comment. Don staniford, an active member of the global alliance against industrial aquaculture, is at the center of this environmental defamation. A person relying on the aforesaid grounds as defence for defamation has to prove the justification, good faith or fair comment. The words slander and libel are frequently confused and used incorrectly.
Fair comment legal definition merriamwebster law dictionary. Criminal defamation is covered by chapter xxi sections 499 to 502 of the penal code. Top 10 defamation cases of 2017, a selection suneet sharma. Explore defamation case profile at times of india for photos, videos and latest news of defamation case. Fair comment case supreme court hearing listed inforrms blog. The bill aims to make the law easier to understand by setting it out in legislation. In india, truth is an absolute defense in civil cases however. The fair report privilege may protect you from liability even if you publish something that is defamatory if you relied upon a official public document or statement by a public official for the false information, made clear that the document or statement was your source, and fairly and accurately used the source. The law gives protection to a mans reputation, which to some is dearer to life than anything else. For a final interdict to be granted in a case of defamation, p would have to establish that he or she has clear right, that he or she reasonably apprehends that he or she will suffer injury if the interdict is not granted and that he or she cannot obtain similar protection by some other ordinary remedy. Fair comment is a legal term for a common law defense in defamation cases libel or slander. The key to advancing this defence is that the statement must be presented as opinion. The cases selected have all had a significant impact on defamation. It must be related to certain true facts and these facts must be known to the public or the commentator should make it known along with the comment.
However, b succeeded on the defence of fair comment on the basis that bs statements were fair comment based on bs honest and fair observations of what happened in the case. A fair and accurate copy of or extract from any register. Bombay high court express photo by pradeep kocharekarfile in a stronglyworded order in a defamation case against a journalist, the bombay high court recently observed that calling out someone, with fair comment and justification, is not defamation to put it differently. In the case of cfc stanbic bank limited versus cofek, cofek relied on the defence of fair comment. Before proving the case of defamation guidelines mentioned in panday surinder nath sinha v. Making fair comments on matters of public interest is a defence in an action for defamation. Calling out someone with fair comment not defamation.
Opinion and fair comment privileges digital media law project. Fair comment has to be made in utmost good faith and based on substantiated facts. Don staniford, an active member of the global alliance against industrial aquaculture, is at the center of this environmental defamation showdown. Court allows harakahdailys fair comment defence in najib. The cases selected have all had a significant impact on defamation law, not only in the. This article needs additional citations for verification. Defamation and malicious publication scotland bill. In defamation cases, this can involve considering the. According to figures from thomson reuters, celebrity claims only accounted for six per cent of reported defamation cases in the uk in 2017. In a judgment handed down on 23 february 2015 2015 onsc 1175, the ontario superior court of justice held that the operators of a right wing message board were publishers of defamatory material concerning a left wing blogger.
Law commission of ontario recommends sweeping changes to. Canadian defamation law is noncompliant with international law prepared for the ocla by volunteer denis g. Article 19 free word centre, 60 farringdon rd, london ec1r 3ga. It is referred to as honest comment in some countries. In case of defamatory opinions, the exception of fair comment is allowed.