Cases

Lowe v Associated Newspapers Ltd

Held

In fair comment, it is the objective meaning of the words which is relevant not the subjective meaning the journalist intended (which can be relevant under Reynolds privilege as explained in Bonnick v Morris). Further, Eady J held that the oft-quoted shorthand proposition that the defence must be based “on facts truly stated” does not limit the Defendant to facts stated in the article. Facts not stated in the article can be relied upon, but such facts must have (a) existed at the time of the publication and (b) been known at least in general terms at the time to the commentator. A general fact within the commentator’s knowledge may be supported by specific examples even if the commentator had not been aware of them. Substantial parts of the Defence were struck out on the basis of irrelevance and/or made contingent upon the commentator confirming knowledge of the facts.

Also