London Artists v Littler [1969] 2 QB 375

Court of Appeal 

Basic Facts: D, a producer, refused a request to move his play to another theatre. Shortly after, key actors quit, and D publicly accused them of being part of a plot to force his play out. The actors sued for defamation. 

Issue: What are the requirements for the defenses of justification and fair comment? 

Held : It held that although the comment was on a matter of public interest affecting people at large, the allegation of a plot was of a basic fact, defamatory of the plaintiffs and not reasonably capable of being considered as comment.

• Lord Denning MR: Fair comment and justification are defences in defamation if made on a matter of public interest.

• Edmund Davies LJ: The comment need not be true, but the facts on which it is based must be. If the facts are untrue, fair comment does not apply. 

Key points :

• Public Interest: Fair comment only requires that the comment be on a matter of public interest, which is interpreted broadly. 

• Accuracy: The basic facts must be correct for fair comment. Justification requires that both the facts and inferences made be true. 

• Fair-minded Person: The comment must be one a fair-minded person might make on the true facts.