- J11 P174 or office and as salutary for private persons who make themselves or their work the object of public interest. The legal position is that although criticism of government and of public functionaries was not always so freely allowed, as to day, it is now fully recognised as one of the essential elements of freedom of speech which is not to be whittled down by legal refinement: See Winfield on Tort 17th Edition [2006], pages 552-553. Winfield further state that there are three requisites of fair comment. One is that the comment must be an observation or inference from facts, not an assertion of fact. Second is that the matter commented on must be of public interest. Third is that the comment must be fair or objective; it should not be actuated by malice. Malice vitiates fair comment. Gatley is of the same view. statement of opinion on facts. He defines comment as a He observes: “A libellous statement of fact is not a comment or criticism on anything. It is comment to say that a certain act which a man has done is disgraceful or dishonourable; it is an allegation of fact to say that he did the act so criticised.” He adds that the facts upon which the comment is based must be true. That a writer may not suggest or invent facts, or adopt as true or untrue statements of facts made by others and then comment on them on the assumption that they are true. That if the facts upon which the comment purports to be made do not exist, the defence of fair comment must fail: See Gatlely on Libel and Slander 5th Edition [1960], paragraphs 587, 588 and 600.