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