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. A term used in the defense of libel actions, applying to statements made by a writer (e.g., in the news media) in an honest belief in their truth, relating to official acts, even though the statements are not true in fact. Fair comment must be based on facts truly stated, must not contain imputations of corrupt or dishonorable motives except as warranted by the facts, and must be an honest expression of the writer's real opinion.

Fair comment is a privilege under the First Amendment to the Constitution and also applies to invasions of the right of privacy.

In order for a statement to fall into the category of a fair comment, it must not extend beyond matters of concern to the public. It must be a mere expression of the opinion of the commentator.

Cross-references

Freedom of the Press.

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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. Fair comment is a crucial defense against libel suits which is put up by members of the media. (See: defamation, libel, public figure, slander)