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Which of the following is a ground for rejection of a defence of fair comment in a tort of defamation?

Fair comment protects only comment or opinion on facts truly stated, so where "The comment is an expression of fact" it cannot be defended as comment and must instead be…

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Which of the following is a ground for rejection of a defence of fair comment in a tort of defamation?

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Correct answer B

Fair comment protects only comment or opinion on facts truly stated, so where "The comment is an expression of fact" it cannot be defended as comment and must instead be justified as true (Kemsley v. Foot). Public interest in the subject, absence of malice and fairness of the expression all support rather than defeat the defence.

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