This document discusses defenses to defamation claims under Indian law, including fair comment, justification by truth, consent, and apology. It outlines the tests for determining what constitutes fair comment, including that the comment must be based on facts that are true or privileged. Consent and a valid apology accompanied by payment to the court can also serve as complete defenses to defamation.

1. -Fair Comment, Consent and Apology
By Hariharan Kumar
BA LLB Sec-B
20120177

2.  A defamatory statement is
one which tends to lower a
person in the estimation of
right-thinking members of
society. -Lord Atkins
 In India, the existing law is a
reasonable restriction on
the fundamental right to
speech and expression.

3.  Fair Comment
 Justification by Truth
 Consent
 Apology
 Privilege

4.  The right of fair comment and bona fide comment
on a matter of public interest is a right which it is
the duty of courts carefully to guard and literally to
interpret.
 The Defence is known as ‘Honest Opinion’ in New
Zealand, Australia and Ireland.
 Test laid down in the Telnikoff v Matusevich case.

5.  Lord Keith in Telnikoff v Matusevich stated the test to
be:
“Whether any man, however prejudiced and obstinate
could honestly hold the view expressed by the
defendant”

6. Public Interest
Facts must be
Distinct from
true or based Fair Comment a fact
on privilege
One that an
honest person
would have
made

7. Public Interest
Administration Books, Pictures Theatres, Public Religious
Affairs of State
of Justice and Works of Art Entertainment Matters

8.  In London Artists v Littler, Lord Denning said that
“Whenever a matter is such as to affect people at
large, so that they may be legitimately interested
in, concerned at what is going on; then it is a matter
of public interest on which everyone is entitled to
make a fair comment”

9.  “A comment is taken to be something which can
reasonably be inferred to be a
deduction, conclusion, criticism, judgment, remark
or observation.”
- Cussen J in Clarke v Norton

10.  In Cohen v Daily Telegraph Ltd, Lord Denning
stated that:
“In order to make good a plea of fair
comment, the comment must be on the fact
existing at that time. No man can comment on
facts which may happen in the future”

11.  A comment can be fair only if there is no malice
in it
 The best test in relation to malice has been laid
down by Lord Porter in Turner v Metro Goldwyn
Mayer Pictures. It is as follows:
“Would any honest man, however prejudiced he
might be, or however exaggerated or obstinate his
views, have written this criticism?”

12.  When plaintiff consents to the publication of
defamatory matter about him or her, then this
consent is a complete defence to a defamatory
action.
 Consent to a defamatory statement would
relinquish all rights to claim damages.

13.  The defence of apology
is provided by the Libel
Act, 1843 and
Defamation Act, 1952.
 This defence must be
accompanied by a
payment of money into
the Court.

14.  Bell v Northern Constitution Ltd.
Andrews CJ held that it was gross negligence for a
newspaper to publish the announcement of a birth
without making any inquiry as to the authenticity of a
notice received by telephone.

15. Thank You. Questions are welcome.
W