What is the libel defense of fair comment?

Libel defense of fair comment is a legal protection available to people who have been sued for libel. In New Hampshire, it is a defense to a libel claim if a person can prove that the statement was an expression of opinion rather than a statement of fact. The opinion must be honestly held and be an opinion on a matter of public interest. To be considered a fair comment, the opinion must be based on facts that can be proven true or false. This means that a person cannot be sued for sharing their subjective opinion based on their own experiences or beliefs. However, if the opinion is attributed to a reliable source, these sources must be accurately referenced. In New Hampshire, the fair comment defense may also be available when a person is accused of libel for criticizing political candidates or public officials. In that situation, the person accused of libel must prove that the opinion was based on facts that could be proven true or false and that the opinion was one that a reasonable person could have held. The purpose of the libel defense of fair comment is to protect citizens’ rights to express opinions on matters of public interest without fear of being sued for libel. This is an important protection of free speech under New Hampshire media law.

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