CMN 2170: Lecture #9 Feb 7th 2013
The median score 13.2/20 Test #1
Defense of justification
Defense of qualified privilege
Defense of fair comment
How internet and digitals mediums create problems.
Common law= judge made law
Defense of public communication= most recent defense in common law of defamation
Defining feature of fair comment if one wishes to plead fair comment, the defense has to fit the facts.
What is the purpose of fair comment?
Its purpose is to foster public discourse, to protect critical, ublic discourse, criticism. A democracy also rests
of a vibrant culture, not just the questioning of institutions and government.
Fair comment was developed by the courts.
Distinction between expression of opinion and statement of fact
The publication in question must be a publication of expression of opinion and not a statement of fact.
Based of facts that are true
The published words must be comment
Are honestly held rather than being defamatory