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

Yes, a person can use the defense of fair comment in a defamation case in the state of Texas. Fair comment is defined in Texas as a “privilege that allows individuals to make honest and fair comments about matters of public interest that are based on true facts.” In order for a defendant to successfully use the fair comment defense, they must prove four aspects: that the comment was based on true facts, that it was related to a matter of public interest, that the comment was honestly and fairly made, and that it was an expression of opinion rather than a statement of fact. In Texas, the defense of fair comment is not available if the defendant made a negligent statement, was motivated by malice, or was reckless in providing false information related to the comment. Additionally, the defense of fair comment does not protect statements that constitute a confidential relationship, such as a doctor and patient, attorney and client, or employer and employee. Therefore, the fair comment defense can be used in Texas state courts when the defendant can prove the four elements stated above, and can be used to protect an individual from defamation claims.

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

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