Holmes on Bolt

Johnathon Holmes has an interesting article on the case which discusses why the case succeeded under the racial discrimination act, but would not have succeeded as a defamation action. He writes:

"But – and this is the disturbing part – the judge goes on to find (in par 424):

"Even if I had been satisfied that the section 18C conduct was capable of being fair comment, I would not have been satisfied that it was said or done by Mr Bolt reasonably and in good faith."

Defamation law doesn't require fair comment to be reasonable, as we've seen. It doesn't require it to be 'in good faith'. But the exemptions listed in section 18D of the Racial Discrimination Act, including fair comment, only apply to "anything said or done reasonably and in good faith".