Black v Northern Whig Ltd

JurisdictionNorthern Ireland
Judgment Date01 January 1943
Date01 January 1943
CourtKing's Bench Division (Northern Ireland)
(K.B.D., N.I.),
Black
and
Northern Whig, Ltd.

"Rolled-up plea" - Defence of fair comment upon matter of public interest -Conditions necessary for such defence to afford protection.

The onus rests upon defendants to show what the facts were upon which they commented, that they are facts truly stated, that the matter is of public interest, that comment is fair, made in good faith and without malice. If they fail to show this, the defence must fail. In order to be protected by plea of fair comment, the comment upon the facts must be clearly distinguishable in the mind of the ordinary reasonable reader from...

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