Telnikoff v Matusevitch [1992] 2 AC 343

Written By Nicolas Heyes

Court: House of Lords

Basic Facts: C, a BBC journalist, was libeled by D in a letter responding to C’s article. C sued for libel.

Issue: When can the fair comment defense be made, and how can it be defeated?

Held: allowed Plaintiff’s claim and rejected a defence of fair comment.

    • Lord Keith of Kinkel: The letter must be read in isolation, and facts must be stated clearly for the comment to be fair. The fair comment defense does not require proof of honesty but must show the comment is not unfair.

    • Lord Ackner (dissenting): Context is crucial. The letter was a response to C’s article, and while D should state facts for fair comment, the comment should not be restricted unduly. Context is important to assess whether the comment is fair.

Nicolas Heyes
Previous

Tesco Stores Ltd v Pollard [2006] EWCA Civ 393
Next

Sutradhar v Natural Environment Research Council [2006] UKHL 33