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British Chiropractic Association v Singh (CA)
Comment
The Court highlighted the risk inherent within the usual approach of deciding whether words are comment only after first determining meaning according to the single meaning rule. At [32] the Court suggests this may not always be the best approach, “because the answer to the first question may stifle the answer to the second”.
The Court also analysed the reasons why, in the context of debate about a subject such as medical science, the words are likely to be highly value-laden and thus readily characterised as opinion not fact. The decision highlights the importance of the words complained of being considered in their context.
The Court signalled strongly that the tradition of referring to the defence as ‘fair comment’ should be abandoned in favour of ‘honest opinion’ as it “better reflects the realities”.