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 South Dakota. This defense allows for a person to express opinions about another person without being subjected to a defamation lawsuit. Generally, the defense of fair comment can be used when a person expresses their opinion about a public figure or matter of public interest. In South Dakota, the defense of fair comment may be successful if the opinion given is based on true facts or matters that are already in the public domain. This defense will also be successful if the opinion given is reasonable and can be considered as fair comment by a reasonable person. It is important to know that this defense will not protect a person from a lawsuit if they were malicious in their statement or the statement was made without proper research or investigation. However, it should be noted that some states limit the use of the defense of fair comment. This is due to the fact that some individuals may use this defense to express false opinions that can result in harm to the reputation of another person. As a result, South Dakota law requires that any opinion given in a defamation case must be reasonable and not malicious.

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

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