Spiller and another v Joseph and others

Spiller and another v Joseph and others

The defence of fair comment (now honest comment) requires that the comment must explicitly or implicitly indicate, at least in general terms, the facts on which it is based. It is not necessary for the publication to set out all the facts, nor for the reader to be able to evaluate the comment fully, but the subject matter must be identified. The defence cannot be supported by facts not referred to, even generally, in the comment. The appeal is allowed and the defence of fair comment is reinstated.

Parties
Appellant: Spiller and another; Respondent: Joseph and others; Intervener: Interveners (newspaper and broadcasting interests)
Jurisdiction
England and Wales
Judgment Date
01 December 2010
Procedural Posture
Civil Appeal (defamation) / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal allowed
Legal Topics
Fair Comment Defence, Honest Comment, Freedom of Expression, Public Interest, Malice, Justification, Distinction Between Fact and Comment
Defamation Tort Law Media Law Fair Comment Defence Honest Comment Freedom of Expression Public Interest Malice +2 more

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Parties

Spiller and another

Appellant

Joseph and others

Respondent

Interveners (newspaper and broadcasting interests)

Intervener

Procedural Posture

Civil Appeal (defamation) / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the defence of fair comment (now honest comment) requires the comment to identify or refer to the facts on which it is based
  2. 2 Whether the defence can be supported by facts not mentioned in the publication
  3. 3 Whether the facts relied on must be true and known at the time of publication

Ratio Decidendi

The defence of fair comment (now honest comment) requires that the comment must explicitly or implicitly indicate, at least in general terms, the facts on which it is based. It is not necessary for the publication to set out all the facts, nor for the reader to be able to evaluate the comment fully, but the subject matter must be identified. The defence cannot be supported by facts not referred to, even generally, in the comment. The appeal is allowed and the defence of fair comment is reinstated.

Court Disposition

Appeal allowed

Orders

  • Defence of fair comment reinstated
  • Case remitted for further proceedings consistent with this judgment