The condition is
that the proceedings are public, are decent and fit for publication,
that the reports are full and fair, and that their publication is not
inspired by malice. Says Burdick: "The reports of such proceedings are
usually made without reference to the individuals concerned, and for
the information and benefit of the public. The law, therefore,
presumes that they are made in good faith." The full and fair reports
of parliamentary and legislative proceedings are also conditionally
privileged as well as the reports of judicial proceedings, and for the
same reasons. The publication of the proceedings of quasi public
bodies, like state, medical, and ecclesiastical societies has been
deemed conditionally privileged. But "professional publishers of news
are not exempt, or a privileged class, from the consequences of damage
done by false news. Their communications are not privileged merely
because made in public journals." Statements rendered by mercantile or
collection agencies to inquirers for business purposes are clearly
privileged. But whether the circulation among all their subscribers of
a sheet containing such statements is privileged is a disputed
question among the courts. Again, every statement made with the
object of protecting some interest of the writer or speaker and which
is reasonably necessary for such purpose is conditionally privileged.
Fair comment is another defense. The most frequent subjects of fair
comment from which spring actions for defamations are the character
and conduct of public men or candidates for office; and literary,
artistic, or commercial productions offered to the public. Whether a
particular statement is an unfair aspersion of one's personal
character, or a fair comment on his public conduct, is a question
usually for the jury.

At common law a defamer could not insist on an opportunity to retract
or apologize, but he could give in evidence any apology or retraction
to lessen the damages. This rule has formed the basis of a statute in
some of the states. Though attacked on constitutional grounds, it has
been sustained in Minnesota, North Carolina and perhaps in other
commonwealths. Where it can be made, the apology and retraction must
be full, fair, prompt.

Passing to private nuisances, a wrong or tort consists in wrongfully
disturbing one in the reasonably comfortable use and enjoyment of his
property. Ordinarily the motive of the wrongdoer is not material in
determini