CHIEF JUSTICE DEFINES FAIR COMMENT

Sun (Auckland), Volume 1, Issue 88, 5 July 1927, Page 15

CHIEF JUSTICE DEFINES FAIR COMMENT

IF FACTS TRULY STATED fFrom Our Resident Reporter.) WELLINGTON, To-day. “Criticism is fair comment if it is. the honest expression of real opinion and if it is warranted by facts truly stated,” said the Chief Justice, when delivering judgment in a libel action to-day. “Extravagance of language will not destroy privileeg unless it is so great or perverse as to warrant a finding of malice, that is, that privilege was misused to cover a wanton attack on character. “There are two views as the test by which criticism is to be judged. The first is that it is warranted if a fairminded man might, upon facts bona fide, hold the opinion expressed in the criticism. The alternative view is that criticism, to amount to fair comment, must be warranted from the facts. It is therefore necessary to consider fairness of comment from the two points of view: Was it warranted by the facts on which it was founded? If by this n meant, as I think it must be: Was the criticism in substance well founded, disregarding extravagance or want of taste in the choice of the language in which it is expressed, then I am of the opinion that the question must be answered in the affirmative. "I think it would be unfortunate if privilege were denied to criticism merely because the judge thought the language employed exaggerated or its tone unnecessarily discourteous.”