A JUDGE ON PRESS LIBELS.

Temuka Leader, Issue 1265, 15 November 1884, Page 1

A JUDGE ON PRESS LIBELS.

Mr Justice Innes, in summing up the evidence in the action for damages for alleged libel—Davia v Fairfax —said he had no hesitation in telling the jury that the matters which were spoken of, alluded to, and discussed in the two paragraphs before the Court were of public interest, upon which not only the Press had a right to comment, but every member of the community had an equal right. They -ill knew and acKnowledgad gratefully that t*>e Press, when properly conducted, was an enormous and inca'ciilable beneth to the well-being of a- community. Tney lived in times now when nobody in his senses ever dreamed of controverting that position. It was not easy to intimate the advantages which a society derives tram a properly conducted Press, nor was it easy to estimate the obligations of gratitude under which the community labored to those who conducted the Press. The matter at present before the Court was one of public interest, which would justify any writer m the public Press in diV-us—-mg fully and freely the acts and cmdnci of the persons concerned. So long as 'he truth was adhered to—aod by truth lie meant the substantial broad truth, not of necessity accuracy in any little matter >,{ detail—and so long as the writer confined himself to fair and reasonable commentcomment fairly and legitimately arising out of facts—the writer or publish- r would not be subject to an action for libel—no matter how severe the animadversion or how unqualified the condemnation. At the same time they must bear this in mind, that untruthful and unfounded statements must not be made against individuals ; and if they were made the writer was responsible. The question in this instance was whether or not the article was justified ; were the paragraphs a fair, substantial, and truthful accquut of the circumstances of the case, or did they transgress the bounds of fair and legitimate comment? If the paragraphs did do so, the plaintiff was entitled to damages ; hut if they did not, the verdict worn i he for the defendants. The verdict w'as for the newspaper.