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

Yes, a person is allowed to use the defense of fair comment in a defamation case in North Carolina. This defense covers instances when a person has expressed an opinion about another person, group, or entity. The opinion must be one that is based off of facts or evidence that are publicly available. Additionally, their opinion must be based upon the facts as they were perceived and not on any false information. In North Carolina, a person may use the defense of fair comment in a registered defamation case. This defense requires that the express opinion must be held in good faith and that the opinion is a matter of public interest. Furthermore, the person claiming the defense must determine that the opinion expressed was based on true facts or statements, and that the opinion did not contain any false information. In other words, the person using this defense must prove that the opinion they expressed is based on facts and evidence that are publicly available and that the opinion is held in good faith. It is important to remember that if any false information is included in the opinion, then fair comment defense is not available.

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