A Compendium of the Law of Torts, Specially Adapted for the Use of Students

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A writer is not allowed to overstep these limits " {q).
All comment must be bona fide. Criticism must not be made a cloak for malice. There should be no insinuation of improper and dishonourable conduct, unless the critic can prove that such conduct did in fact exist ; and it is no defence that defendant honestly believed the charges to be true (r).
The matter commented on must be actual fact.
(p) Per Bowen, L. J., in MerivaU v. Carson (1887), 20 Q. B. D.
at pp. 283, 284.
(q) Per Orompton, J.,
...in Campbell v. Spoitiswoede (1863), 3 B. & S. at p. 778.
. {r) Per Cookburn, C. J., in Campbell v. Spottiswoodc (1863), 32 L. J. Q. B. 185 ; JSrenon v. Richjuay (1887), 3 Times L. R. 692.
104 LAW, OF TOKTS.
The very statement, indeed, of the rule set out on p., 100, supra, " assumes the matters of fact commented upon to be somehow or other ascertained. It does not mean that a man may invent facts, and comment on the facts so invented in what would be a fair and bmid fide manner on the supposition that the facts were true If the facts as a comment upon which the publication is sought to be excused do not exist, the foundation of the plea fails " (s).


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