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The honest opinion defence (formerly the fair comment defence) is sometimes known as "the critic's defence" as it is designed to protect the right of the press to state valid opinions on matters of public interest such as governmental activity, political debate, public figures and general affairs.
The defense of "fair comment" in the U.S. since 1964 has largely been replaced by the ruling in New York Times Co. v. Sullivan, 376 U.S. 254 (1964). This case relied on the issue of actual malice , which involves the defendant making a statement known at the time to be false, or which was made with a "reckless disregard" of whether the ...
Honest opinion: It is a defence for defamation, to show the statement complained of was a statement of opinion; that it indicated, in general or specific terms, the basis of the opinion; that an honest person could have held the opinion on any fact which existed when the statement was published, including any fact in a privileged statement that ...
Last week, High Court judge Mr Justice Nicklin ruled that ANL can proceed with the “honest opinion” defence in the libel case, with Harry suing the news group over a February 2022 article ...
In March, the High Court heard the duke’s bid to strike out ANL’s “honest opinion” defence or grant judgment in his favour on it. In a written ruling on Friday, Mr Justice Nicklin refused ...
A High Court judge has ruled that the Mail can go ahead with an honest opinion defence in a trial, which will include their claim that Prince Harry made misleading statements about offering to pay ...
The subsequent case of Jameel v Wall Street Journal Europe [1] affirmed the defence, which was subsequently raised successfully in several defamation proceedings. [2] [3] [4] The defence was abolished by s4(6) Defamation Act 2013, being replaced with the statutory defence of publication on a matter of public interest. [5]
Earlier this month Mr Justice Nicklin rejected the duke’s bid to strike out ANL’s “honest opinion” defence or grant judgment in his favour on it.