with whom CON-NOR, Justice, joins, dissenting.
A communication is defamatory if it tends to harm the reputation of a person. In this ease, merely reporting the fact that Dr. Green’s contract had been revoked by the Commissioner as a result of Selberg’s death had the effect of damaging Dr. Green’s reputation. The sequence of events carries with it a factual implication that Dr. Green had some role in causing the death. It may well be that such an implication is false. However, it is plain that the report of the revocation is privileged, and will not support an action for defamation.1
The editorial in question makes the factual report that Dr. Green had been terminated by the Commissioner following Selberg’s death. In addition, it commends the Commissioner for that act, among others. In so doing the editorial is merely expressing an opinion. The opinion is favorable to Commissioner Williamson and thus, implicitly, critical of Dr. Green. The subject is a matter of public concern. The underlying sequence of events, the treatment Selberg received, his death, and the dismissal of Dr. Green, are true. The implication of fault on the part of Dr. Green is inherent in the fact of his dismissal and therefore privileged. Since there is no evidence that the expression of opinion did not represent the actual opinion of the editor of the Daily News or that the expression was made for the purpose of causing harm to Dr. Green, the editorial is within the fair comment privilege to the law of defamation.
Restatement of Torts § 606(1) (1938) sets out the fair comment doctrine:
(1) Criticism of so much of another’s activities as are matters of public concern is privileged if the criticism, although defamatory,
(a) is upon,
(i) a true or privileged statement of fact, or
(ii) upon facts otherwise known or available to the recipient as a member of the public, and
(b) represents the actual opinion of the critic, and
(c) is not made solely for the purpose of causing harm to the other.
Section 607(2) of the Restatement contains a specific application of the fair comment privilege pertinent to this case:
The privilege of criticism stated in § 606 includes a privilege to criticize the work of independent contractors which is being paid for out of public funds and the work of employees of such contractors.
The illustration to this subsection states:
The A newspaper in an editorial criti-cises the character of work which B, an independent contractor, is doing on the streets of X. The editorial is privileged criticism.
Id. comment k, illustration 3.
Based on the foregoing I would affirm the judgment of the superior court. I will, however, make several further observations.
First, if the editorial is treated as somehow defamatory independent of the natural defamatory meaning inherent in the fact of Dr. Green’s dismissal, the gist of the defamation lies in the imputation of neglect to Dr. Green. The editor of the Daily News had no reason to doubt that such neglect existed, for he had before him the comments of those jurors who served on the coroner’s jury who asked that written ex*746planations for their verdict be read into the record. Juror Evelyn Moorehead stated:
Because the cause of death, spontaneous pneumothorax, could have taken place at any time and any place I could not find criminal negligence, however, there is— there are questions left unanswered because we do not know what causes spontaneous collapse of both lungs. There was certainly negligence involved in David Selberg’s treatment; (1) the length of time between his incarceration and his psychiatric appointment, (2) the cursory medical examination of David Selberg, (3) the care of David Selberg while he was incarcerated. These three things point at a needless indifference to the rights and — rights of safety of one David Selberg.
Juror Marie Dickey stated:
Although I could find no one person guilty of negligent homicide in the death of David Selberg, I do strongly feel that there was negligence perpetrated on him in life. He should have had an attorney appointed to look after his interest. It became obvious when he was looked on the 29th that he was in — booked on the 29th that he was incapable of looking out for his own interests. I believe also that these people who had contact with him at the correctional institute should have pushed harder for psychiatric help. Dr. Green and/or his physician assistants should have followed up vigorously for his request for an examination. Dr. Green should have realized Mr. Selberg might be suffering from a bad LSD reaction. Mr. Moses [the correction superintendent] should have checked records and became aware that Mr. Selberg had been in jail, incoherent, unclothed, unwilling to eat and in general completely out of his head and an emergency request initiated on his behalf for psychiatric and medical help in an institution equipped for this. Better, more complete records should be kept of the prisoner’s actions than these indicated on the form shown to the jury, observation cumulative. These records should be reviewed by someone person who has authority to recommend medical help for prisoners needing it.
Finally, Juror William Anderson commented:
With the additional instructions provided by the court I could reach no verdict but that which has been submitted. No one individual involved in the tragedy of David Paul Selberg can be held responsible as the direct or proximate cause of death, however, as contributory negligence abounds I think it is in the best interest of the people of Alaska to expose this negligence and demand reform ... I believe an attorney should have been appointed for Mr. Selberg without delay. Only in this manner could the rights of Mr. Selberg have been protected on this law of this state — as the law of this state requires. Even though it is doubtful that any physician on earth could have prevented Mr. Selberg’s death I feel that the medical attention received was minimal. I find it hard to believe that a 20th century physician would tolerate the filth exhibited in the photos Investigator Barnard processed of the corpse. Neither can I understand why that physician would allow a period of over a week to pass without his patient receiving psychiatric treatment when his order for treatment was amplified with, “ASAP.” The command structure of the correctional center is unbelievable. Not one individual took the initiative to seek phychiatric help for an individual so obviously in need. [Emphasis added].
The Daily News editor could also have relied on the views of Commissioner Williamson, Dr. Green’s ultimate superior at the time of Selberg’s death. In interviews with the Daily News on March 10 and 11, 1976, nearly two weeks before the March 24 editorial, Commissioner Williamson stated:
[W]e are all guilty.
The fact is the man died and should not have died. I think we can stop it from happening again.
It looks like a total foul-up. There was a major breakdown in just about every element of the system. If anyone along *747the way had made another decision, Sel-berg would still be alive.
Williamson strongly implied that Dr. Green’s efforts to get Selberg transferred from the jail were inadequate:
Williams said Tuesday that persons suspected of being mentally ill frequently wind up in jail on minor charges. The procedure for getting them treatment-through medical examination, a written opinion from the doctor informing the court and then an eventual court order— was ordinarily “adequate and timely.” In this case, however, he said, “It was not made plain to anyone that this guy was really very sick."
Both the arresting officers and the judge involved in the case have attested to the difficulty in getting a mentally disturbed and possibly violent person such as Selberg admitted to the Alaska Psychiatric Institute (API). Williamson, however, believed that these statements arose from misinformation rather than fact. “There was nothing to stop anyone — the law enforcement people or corrections or the medical staff — from making an on-the-spot decision, picking up the phone and calling API. I have trouble with all of it,” he continued. “Especially the medical end.” [Emphasis added].
Second, the editorial does make it clear that Selberg was found by the coroner’s jury to have died of natural causes. Further, the editorial followed a series of Daily News articles concerning Selberg’s death. These articles reported: Selberg died of “collapsed lungs” due to natural causes (February 28, 1976); “[t]he autopsy report says the ‘death appears to be on the basis of natural causes’ ” (March 1, 1976); “Selberg died of collapsed lungs after nine days of irrational behavior” (March 2, 1976); “[t]he coroner’s inquest ruled ‘death from natural causes’; both lungs had collapsed” (March 3, 1976); “a coroner’s jury ruled that death was from ‘natural causes’ ” (March 12, 1976). And, importantly, Dr. Green’s position on this matter was fully reported:
January 5, the day before Selberg died, the doctor observed him through the plexiglass window of his cell, lying on the floor and “breathing in normal fashion.”
“I ascertained that he was scheduled to see a psychiatrist and we all breathed a sigh of relief.”
By that time, according to other testimony from guards and the autopsy report, the man had lost a great deal of weight and was severely dehydrated.
However, Green explained, he saw no need to go in and examine Selberg again. “As it turned out, it’s a natural death. I doubt if it would have made any difference,” he said, “This is the way I’ve rationalized it to myself.”
Pointing out that he is not a “chest man,” Green went on to speculate that Selberg may have had weak spots on the surface of his lungs — “a freakish lesion” —that could have developed spontaneous leaks by his falling or stumbling and hitting the bunk.
“As with all my patients, I had appropriate concern for the man,” Green concluded. “I felt that I had done the right thing. Given all the facts, I believe I’d do the same thing again.” [March 9, 1976].
Thus, the position now taken by Dr. Green that Selberg died of natural causes having nothing to do with his confinement was often set forth by the Daily News. It is true that the editorial which reported Dr. Green’s dismissal did not contain an affirmative expression of opinion by the editor that Selberg’s death was not related in any way to his confinement. Such an expression of opinion would probably have been the only effective way to negate the implication of responsibility which would naturally be drawn from the fact of Dr. Green’s dismissal. However, the editor did not have a duty to believe that Selberg’s death was not related to his confinement, nor was he required to say that he held such a belief. It is not heresy to lack faith in an opinion expressed in a medical report.2 In fact, even Dr. Green in his statement reported on *748May 9, set forth above, speculated that Sel-berg’s death could have been caused by a blow caused by Selberg’s “falling or stumbling and hitting the bunk” — a comment which indicates doubt concerning the conclusion of the autopsy and suggests that leaving Selberg in an unpadded jail cell without restraints played a causative role in his death.
Third, the Daily News series concerning Selberg’s death was in keeping with those values designed to be secured under the constitutional guarantees of freedom of speech and of the press. It received commendations from the American Bar Association and the American Trial Lawyers Association. It exposed dramatic shortcomings in the manner the state cared for those who pose a danger to themselves through delirium or insanity. The record does not reflect whether lasting improvements in the care of such persons were made as a result of the series, but obviously pressures for reform were generated by it.
Today’s decision may cause Alaska newspapers to repress information and opinions on matters of public concern because of the fear of a libel suit. On a national level, the Supreme Court of the United States in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964) was concerned about this risk,3 and formulated a rule designed to guard against it. As applied by the majority in the present case, however, the protection afforded by the Times rule is so weak as to be illusory.
. Pulvermann v. A.S. Abell Co., 228 F.2d 797, 802 (4th Cir.1956) states:
[W]here a high official in the national organization of a political party is dismissed from his position in the party because he has been accused of dealing with the government ... it is unthinkable that newspapers should not be allowed to give publicity to the matter without fear of being held to liability therefor in a libel suit.
. Dr. Beirne’s view as to the spontaneity of Selberg’s death is, of course, an opinion.
. [W]ould-be critics of official conduct may be deterred from voicing their criticism, even though it is believed to be true and even though it is in fact true, because of doubt whether it can be proved in court or fear of the expense of having to do so. They tend to make only statements which “steer far wider of the unlawful zone.”
New York Times Co. v. Sullivan, 376 U.S. at 279, 84 S.Ct. at 725, 11 L.Ed.2d at 706.