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 Oklahoma. This defense is often used for public figures since it is a well-established legal principle that forbids a public figure from recovering damages unless they can prove that any defamatory statement was made with actual malice. Fair comment is an opinion based on facts that are true. It is not necessary for the opinion to be correct, only that the statement is based on facts that are true. This defense is often used when there is an issue of public concern and the opinion is based on facts that are truthful. In order for fair comment to be considered a valid defense, the person making the statement must be able to prove that the statement was an honest expression of opinion and that the facts upon which it was based are true. Additionally, the opinion must not be motivated by malicious intent or a desire to harm someone’s reputation. In Oklahoma, the defense of fair comment is most commonly used by media outlets when discussing public figures. If the statements are based on true facts and the opinions expressed are honest and accurate, then the media outlet may be able to use the defense to avoid liability. Additionally, this defense is also used by private individuals when discussing matters of public concern. Though fair comment provides a defense for those accused of defamation, it is important to remember that any opinion must be based on facts that are true in order to be considered a valid defense. Furthermore, the opinion must not be made with malicious intentions.

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

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