Define: Fair Comment

Fair Comment
Fair Comment
Quick Summary of Fair Comment

Fair comment, in legal terms, refers to the right of individuals to express opinions, criticisms, or viewpoints on matters of public interest or concern without being held liable for defamation or libel. This legal defence typically arises in cases involving defamation, where the defendant argues that their statements were based on facts known to them or on matters of public record, and were made honestly and in good faith. Fair comment provides protection for expressions of opinion or criticism on matters such as politics, art, literature, or public figures, as long as they are made without malice and are not presented as statements of fact. To qualify for this defence, the comment must be recognisable as an opinion rather than a statement of fact and must be based on facts that are true or substantially true.

What is the dictionary definition of Fair Comment?
Dictionary Definition of Fair Comment
n. a statement of opinion (no matter how ludicrous) based on facts which are correctly stated and which does not allege dishonorable motives on the part of the target of the comment. The U.S. Supreme Court has ruled that to protect free speech, statements made about a public person (politician, officeholder, movie star, author, etc.), even though untrue and harmful, are fair comment unless the victim can prove the opinions were stated maliciously-with hate, dislike, intent and/or desire to harm. Thus, a public figure may not sue for defamation based on published opinions or alleged information which would be the basis of a lawsuit if said or published about a private person not worthy of opinion or comment. This is a crucial defense against libel suits put up by members of the media.
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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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