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 Virginia. Fair comment is when a person expresses their opinion about a matter of public interest without using false facts. Under Virginia law, if a plaintiff is able to prove that a defendant made false factual statements about them in a public way, then the defendant cannot use fair comment as a defense. However, if the defendant can provide evidence that their statements are true or based on true facts, then they may be able to rely on fair comment as a defense. In Virginia, the fair comment defense can also apply to criticisms of artistic or literary works. If the opinion is phrased as an opinion and does not contain false facts, then the defendant may have a valid defense. Additionally, this defense cannot be used if the defendant expresses malice or ill-will towards the plaintiff. In summary, fair comment is allowed as a defense in a defamation case in Virginia, as long as the defendant provides true facts or an opinion that is not phrased maliciously.

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

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