Fair & Bona Fide Comment
Fair & Bona Fide Comment
Fair & Bona Fide Comment
comment
UJWAL NANDEKAR
Fair and bona fide comment-
A fair and bonafide comment on a matter of public interest is a defence in
an action for defamation. The essentials of a fair comment are:
Example: a book reviewer implies that author of a book gave interviewees the right to read
what she proposed to say about them and give their approval, i.e. copy appro al . The fair
comment defence was struck on a preliminary motion in that the reviewer did not give sufficient
information about the factual basis for her criticism of the book author’s methodology author’s
methodology.
Fair Comment and Malice
Proof of honest belief does not negate the possibility of finding malice.
The House of Lords held that a sufficient factual basis existed for the headline to be
comment as Kemsley was a proprietor of a number of newspapers, whose standards of
journalism were being unfavourably commented on by Foot. Ke sley’s ownership of
newspapers and their content was public knowledge.
Elements
A fair and bona fide comment on a matter of public interest is not libel.
(a) in which the public in general have a legitimate interest, directly or indirectly,
nationally or locally, e.g. matters connected with national and local government,
public services and institutions and
(b) matters which are at public theatres and performances of theatrical artists
offered for public entertainment but not including the private lives of public
performers. (London artist ltd. v Littler 1968 1 All ER 1075)
Kokan Unnati Mitramandal and Others versus Bennett
Coleman & Company Limited and Others 2012 (2) MLJ
338
Honourable Bombay High Court while dismissing suit for
defamation filed by plaintiff has held that