In a unanimous decision on the defence of fair comment – a Victorian rule originally designed to protect art critics from being sued for libel – the court said the law should be updated to make it more simple, and to take account of changes in technology and the modern media.
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"The defence is clearly going to feature more significantly now," said Sarah Webb, partner and head of media, libel and privacy at Russell Jones & Walker. "Whilst the Singh case widened the understanding of what was comment rather than an assertion of fact, today's judgment states that the comment must now only explicitly or implicitly indicate at least in general terms the facts upon which it is based."