Is a person allowed to use the defense of fair comment in a defamation case?

In California, a person is allowed to use the defense of fair comment in a defamation case. The defense of fair comment, also sometimes known as a "fair report privilege," allows a person to express their opinion without fear of liability for defamation. The defense of fair comment requires that the opinion which the accused expressed is an opinion about a matter of public interest; that the opinion is based upon true facts; that the opinion is genuinely held; and that the person accused is not motivated by malice. The purpose of this defense is to ensure that people can contribute to public discourse without fear of being sued for expressing their opinion. This is done by balancing the right to freedom of speech with the right of the plaintiff to protect their reputation from unwanted attacks by false accusations. When fair comment is used as a defense in a defamation case, the burden is on the accused to prove that the facts underlying the opinion are true and that their opinion is genuinely held. The accused must also show that they were not motivated by malicious intent when they expressed their opinion. If the accused is able to demonstrate these things, then their fair comment defense will likely be successful.

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Is a person allowed to use the defense of fair comment in a defamation case?

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