What are the elements of the common law defence of fair comment?
New Brunswick, Canada
The following excerpt is from Ross v. Beutel, 2001 NBCA 62 (CanLII):
Before considering the elements of the defence of fair comment, I wish to consider briefly how highly our society regards the common law values of free speech through judicial pronouncements recognizing a wide scope of application for the common law defence of fair comment and its critical importance in a free and democratic society. As Lord Denning said in Slim v. Daily Telegraph Ltd., supra, at p. 503: ... the right of fair comment is one of the essential elements which go to make up our freedom of speech. We must ever maintain this right intact. It must not be whittled down by legal refinements. ...
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