Condition 1 (in subsection (2)) is intended to reflect the current law and
embraces the requirement established in Cheng v Tse Wai Chun Paul43
that the statement must be recognisable as comment as distinct from an
imputation of fact. It is intended to be implicit in this condition that this will
mean that the assessment is on the basis of how the ordinary person
would understand it. As an inference of fact is a form of opinion, this
would be encompassed by the defence.