188
p. 189.
purceli v So wier.
2 C P. D. 215.
od. p. 180.
Wilson & Reed & ore.
2 F. & F. p.149.
Dicksson ▼ Hilliærd.
od. p. 190
Davis ▼ Shepstonë.
11.App.Cas.187.
particular acts of mi s-conduct.
To charge a man incorrectly with a die-
graceful act is very different from
commenting on a fact relating to him
truly stated.
It does not mean that a man may invent
fæts and comment on the facts so invent-
ed in what would be a fair and bona fi de
manner on the suppo si tion that the facta
were truṁ.
If the facts as a comment upon which the
publication is sought to be excused do
not exist the formation of the plea
fails.
A libellous statement of fact is not a
comment or a criticism on any thing.
A comment cannot be fair which is built
upon facts which are not truly stated.
"If definite charges of mi s-conduct be
made against any public officer the only.
detence to an action is for the defendant
to prove his charges true",
"I do not dispute the right of the news-
paper to comment on the doctors conduct
when the facts have been ascertained.
Here they have not been ascertained and
it seems to be a very different thing
from fair comment to publish charges
brought against him as there were" per
Mellion L.J.
"But the distinction cannot be too clear-
ly borne in mind between comment or
od.
F. 192.
criticism and allegations of fact such
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