Sarah Palin reacts to a reporter's question as she leaves Federal court, Friday, Feb. 4, 2022, in New York, following proceedings in her defamation case against The New York Times. In short, fair comment allows people to voice opinions about matters of public interest, without fear of retribution. defamation, fair comment and public concerns - volume 69 issue 3 Defamation law protects an individual's reputation and good name. This principle means that the common law defence of fair comment may apply where the defamatory words are an expression of opinion and not a statement of fact. WHAT IS THIS WEBSITE ABOUT? Explain Fair Comment, As It Relates To Defamation Lawsuits. Fair comment is a defence for defamatory comments on matters of public debate. For the defence to apply: (1) the statement must be a comment and not an assertion of fact; (2) it must make sufficient reference to facts which were true and on which the comment could . A fair comment is a privilege that allows the media to publish opinions about public officials and public figures without fear of a libel suit.It also allows the general public to share their opinions about these individuals. This can involve political commentary, or the . A term used in the defense of libel actions, applying to statements made by a writer (e.g., in the news . Fair comment has long been seen as a central way in which freedom of speech is protected under defamation law. This is especially so as quite often, there exists a thin veil of separation between what constitutes a fair comment and what, in fact, is defamatory. Some of this is a personal website containing REBUTTAL, REPLY, and COMMENT to (primarily) public statements and accusations made by various self proclaimed "internet dog training experts". The former vice presidential candidate and governor of Alaska is suing the Times . In the case of Campbell v Dugdale [2020] CSIH 27, the court held that the Sheriff had been correct to hold that although Kezia Dugdale, the former . The Defamation Act (s 31) provides a defence of 'honest opinion' that is similar to the common law fair comment defence. Mr Campbell operates the 'Wings Over Scotland' blog and a related Twitter account. Legal Definition of fair comment : a common-law privilege to criticize and comment on matters of public interest without being liable for defamation provided that the comment is an honest expression of opinion and free of malice. Case Example: defamation Asked Hyusein Brumer Last Updated 7th April, 2020 Category news and politics law 4.6 374 Views Votes Legal Definition fair comment common law privilege criticize and comment matters public. It was founded in late September 1913 by the Independent Order of B'nai B'rith, a Jewish service organization, in the wake of the contentious conviction for murder of Leo Frank. What is fair comment in defamation? However, this defence is only available up to a point. Related Terms: Defamation, Cartoon "Fair" does not have its usual meaning here. The Supreme Court determined that, while Mair's remarks were clearly defamatory of Simpson, the defence of "fair comment" applied. Defences Effective Against Defamation Claim. Under the privilege, a journalist is insulated from a defamation claim when he or she publishes a defamatory comment that was part of official affairs of the government. The fair comment defence will apply where all of the following are true about the comment: It is on a matter of public interest. The comment is based on fact. Fair comment is a defamation defense in Commonwealth countries like Canada and the UK. Fair comment is a legal term for a common law defense in defamation cases (libel or slander).It is referred to as honest comment in some countries. Defamation refers to any oral or written statement made by a person which damages the reputation of another person. Honest Opinion (Or 'Fair Comment') As per s.3 of the 2013 Act, honest opinion will not be considered defamation. It may be difficult to determine if . Former Alaska Gov. In WIC Radio Ltd. v Simpson, the Supreme Court of Canada has redefined and strengthened the defence of "fair comment" in defamation cases.This important decision will be of assistance to all . Fair Comment Definition: A comment made which though defamatory, is not actionable as it is an opinion on a matter of public interest. In WIC Radio Ltd. v Simpson, the Supreme Court of Canada has redefined and strengthened the defence of "fair comment" in defamation cases.This important decision will be of assistance to all . The right to comment under the defence is regularly described as an "essential" or "fundamental" elem ent of free speech1 and is understood as "a basic democratic right".2 The Inner House described that his style "can be rude". A fair and bonafide comment on a matter of public interest is a defence in an action for defamation. The essentials of a fair comment are: (i) That it is comment or criticism and not a statement of fact, (ii) That the comment is on a matter of public interest, (iii) That the comment is fair and honest. Just as with the common law, the statutory defence can only be defeated if a plaintiff can establish that the opinion was not honestly held by the defendant. Opinion and Fair Comment Privileges: Statements of opinion generally cannot support a cause of action for defamation, even if they are outrageous or widely off the mark. The court said there were three issues that needed to be considered when deciding whether the defence of fair comment applied: (1) whether the statement or article was a comment or an assertion of fact - only if it was a comment might the defence apply; . Defamation: "fair comment" rebranded to "honest comment". The fair report privilege is a state-law defense to defamation claims used by journalists, although the level of protection may vary by state. Opinion and Fair Comment Privileges. Home DEFAMATION Defences Fair comment Lord Birkett said in 1951 - 'It is the right of every man to comment freely, fairly and honestly on any matter of public interest.' This principle means that the common law defence of fair comment may apply where the defamatory words are an expression of opinion and not a statement of fact. Defamation: what is "fair comment" in Scots law? Fair comment is, as Lord Phillips described it, "one of the most difficult areas of the law of defamation". So long as the ultimate goal of a statement is not malicious, fair comment is a viable libel shield. So long as the ultimate goal of a statement is not malicious, fair comment is a . New York has not explicitly recognized or rejected the neutral reportage privilege. Malice. The right to comment under the defence is regularly described as an "essential" or "fundamental" elem ent of free speech1 and is understood as "a basic democratic right".2 However, while fair comment is meant to be "an important . Click to see full answer Keeping this in consideration, when can fair comment be used as a Defence? The right to speak guaranteed by the First Amendment to the U.S. Constitution includes the right to voice opinions, criticize others, and comment on matters of public interest. The court has provided authoritative guidance on the approach to be taken in defamation cases where the defender seeks to rely on the defence of fair comment. Contact Harris Defamation Lawyers. The deputy prime minister has now restated the coalition government's determination to restore freedoms in defamation, targeting, in particular, fair comment, referring to recent cases. fair comment: A form of qualified privilege applied to news media publications relating to discussion of matters that are of legitimate concern to the community as a whole because they materially affect the interests of all the community. If the person making the statement has an honest belief in the truth of the information, they can use fair comment as a defense in a libel suit, even if the information is ultimately proven to be false. The majority of the statements and accusations are FALSE, and refer to me, personally. The facts. In this context "fair" means that the opinion is supported by facts. The defences are set out in the defamation Act Cap 36 i) Justification Sec 14 of the defamation Act is to the effect of that where the statement complained of is the truth, then it provides a complete defence. In New York Times Co. v. Sullivan, the Supreme Court held that there is an exception when the person making the statement knows at the time of the statement, that the . The recent case of Stuart Campbell v Kezia Dugdale [2020] CSIH 27 has clarified the defence of "fair comment" in defamation actions in Scotland. The fair comment defence will apply where all of the following are true about the comment: It is on a matter of public interest. It also protects the use of hyperbole and extreme statements when it is clear these are rhetorical ploys. The public figure has the burden of proving that the person making the statement did so maliciously . The Court set out a 5 part test. The key to advancing this defence is that the statement must be presented as opinion, rather than fact, and that the statements made are ones which are actually matters of opinion, rather than fact. The Supreme Court upheld the decision of the trial judge, dismissing Simpson's defamation lawsuit. The central purpose of the defence of fair comment is to protect the value of free expression. Fair comment has long been seen as a central way in which freedom of speech is protected under defamation law. Contents 1 United States 2 Canada 3 United Kingdom 4 References 5 External links 6 Further reading United States The Inner House of the Court of Session has recently handed down a judgment that clarifies the defence of fair comment in an action of defamation. The Supreme Court in Spiller & Another v Joseph and Others (allowing an appeal from the Court of Appeal striking out the defence of fair comment) has amended the existing law and tried to clarify it. The meaning of FAIR COMMENT is a common-law privilege to criticize and comment on matters of public interest without being liable for defamation provided that the comment is an honest expression of opinion and free of malice. People are enti-tled to have and to express opinions on matters of public interest; therefore, commentaries on plays, exhibitions, sports, or . The main purpose of the defence of fair comment is to protect each individual's right to the freedom of speech [1], and to allow for comments to be made on matters of public interest [2] in order to encourage "fair discussion" and "diversity of opinion" [3]. Fair comment is defined as a "common . The statutory defence also protects publishers who publish the . There are four elements that are . defamation Asked Hyusein Brumer Last Updated 7th April, 2020 Category news and politics law 4.6 374 Views Votes Legal Definition fair comment common law privilege criticize and comment matters public. 8Trial 2010 BCSC 804 (CanLII), Appeal, 2011 BCCA 286 (CanLII).. 46 L e g a l F u n d a m e n t a l s f o r C a n a d i a n B u s i n e s s. Fair comment is another important defence used mostly by the media. A defense similar to opinion is "fair comment on a matter of public interest." Fair Comment: Fair comment is a defence for defamatory comments on matters of public debate. This is especially so as quite often, there exists a thin veil of separation between what constitutes a fair comment and what, in fact, is defamatory. In short, fair comment allows people to voice opinions about matters of public interest, without fear of retribution. Defences to Defamation i) Justification ii) Fair comment on a matter of public interest iii) Privilege either qualified /absolute privilege. The nucleus of this website is based on verbatim quotes of public messages, most of which . It is referred to as honest comment in some countries. Closing arguments are expected today. A term used in the defense of libel actions, applying to statements made by a writer (e.g., in the news . Sarah Palin's defamation suit against The New York Times is winding down. Free speech and defamation: Free speech has its charms, but at the same time, it should be judiciously exercised, as it is never a complete right. It also protects the use of hyperbole and extreme statements when it is clear these are rhetorical ploys. In doing so the Court confirmed the test for the defence of fair comment. New York courts recognize a number of privileges and defenses in the context of defamation actions, including the fair report privilege, the opinion and fair comment privileges, substantial truth, and the wire service defense. New York Times defamation case about power, not politics, Palin's lawyer says Back to video In his closing argument in federal court in Manhattan, Palin's lawyer Kenneth Turkel urged jurors to ignore politics and find that the Times and its former editorial page editor, James Bennet, harmed the reputation of Palin, a former Alaska governor . [7] However, this defence will fail if the defamatory words were published with malice. As per Black's Law Dictionary, defamation means "The offence of injuring a person's character, fame, or reputation by false and malicious statements". The Anti-Defamation League (ADL), formerly known as the Anti-Defamation League of B'nai B'rith, is an international Jewish non-governmental organization based in the United States. The meaning of FAIR COMMENT is a common-law privilege to criticize and comment on matters of public interest without being liable for defamation provided that the comment is an honest expression of opinion and free of malice. : a common-law privilege to criticize and comment on matters of public interest without being liable for defamation provided that the comment is an honest expression of opinion and free of malice. 3) Privileged statement- fair comment: A form of qualified privilege applied to news media publications relating to discussion of matters that are of legitimate concern to the community as a whole because they materially affect the interests of all the community. Fair comment is a legal term for a common law defense in defamation cases ( libel or slander ). However, a defamatory opinion may still be legal. The defence of fair comment protects any opinion fairly made on a matter of public interest. Opinion and Fair Comment Privileges The right to speak guaranteed by the First Amendment to the U.S. Constitution includes the right to voice opinions, criticize others, and comment on matters of public interest. Lord Birkett said in 1951 - 'It is the right of every man to comment freely, fairly and honestly on any matter of public interest.'. The defence of "fair comment" exists to defend opinions which may be harmful but which are still a matter of public interest. Fair comment. The comment is based on fact. Fair comment is a defense against defamation claims where the statement at issue is an expression of opinion, reasonably based on (preferably disclosed or well-known) true facts, which is on a matter of public concern, and which is the honest opinion of the speaker which was not made specifically to cause harm. A fair comment may be defined as a comment which a fair-minded man holding strong views, obstinate views or prejudiced views could have honestly made based on the facts proved. The decision is good news for supporters of free speech, but erodes the rights of . If the statement made is written and is published, then it is "libel". It also restricts freedom of speech Therefore, courts must carefully balance these two important values in deciding defamation actions. Fair comment is a defamation defense in Commonwealth countries like Canada and the UK. Keeping this in consideration, when can fair comment be used as a Defence? Free speech and defamation: Free speech has its charms, but at the same time, it should be judiciously exercised, as it is never a complete right. The central purpose of the defence of fair comment is to protect the value of free expression.
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