What is fair comment in defamation?
Furthermore, when can fair comment be used as a Defence?
Fair comment is defined as a "common law defense [that] guarantees the freedom of the press to express statements on matters of public interest, as long as the statements are not made with ill will, spite, or with the intent to harm the plaintiff".
Furthermore, what is the fair report privilege? Definition. A protection that immunizes a party from liability for publishing defamatory matter that appears in an accurate and complete report of an official action or proceeding, unless the publisher acted with the sole purpose of harming the defamed party.
Consequently, what are fair comment limitations?
• The concept of fair comment and criticism means that companies and individuals voluntarily display their wares to the public for sale or consumption, they have no real recourse against criticism done with honest purpose and lack of malicious intent.
Is the truth a Defence to defamation?
In simple terms, yes, truth is a defence to defamation. This defence is also known as justification. To successfully defend a defamation claim, a defendant needs to show that the defamatory imputations complained about (as opposed to the published statements) are "substantially true".