Fair comment is a legal principle allowing individuals to express their opinions freely without fear of legal repercussions. It is an important principle when it comes to freedom of speech, and it is often used to protect people expressing opinions on topical issues.
The aim of fair comment is to protect honest and sincere opinions expressed in a public forum, such as comment sections on news articles or TV programmes, from being accused of defamation. It also applies to criticism of public services, products or individuals – which often happens on social media these days. However, it does not protect individuals from being sued for slander or libel.
The Requirements of Fair Comment
In order for a comment or opinion to be considered fair comment it must meet certain criteria. The first is that it must be honestly expressed and an individual’s honest opinion. This means that the opinion must be based on facts and that the statements must not be made maliciously.
The second requirement is that the opinion must be an appropriate comment on a matter of public interest. Matters of public interest include news items, court rulings, political decisions, etc. Finally, for a comment to be considered fair comment it must remain within the bounds of good taste.
Examples of Fair Comment in Practice
Recently, U.S. President Donald Trump posted a tweet accusing a political rival of corruption. The U.S. Attorney’s Office said that the accusation was considered fair comment, as it was based on news reports and other public statements the rival had made.
Another example of fair comment in practice is the UK’s Employment Rights Act of 1996. Under this act employers are allowed to criticize employees in public forums as long as the criticism is based on facts, is respectful, and remains within the bounds of good taste.
The Impact of Fair Comment
The principle of fair comment protects individuals from being sued for slander or libel as long as their comments are within the requirements stated above. This is particularly important in the age of the internet, where opinion pieces and comments are circulated rapidly, often without fact checking.
It also allows for people to express their opinion on public matters without fear of legal repercussions, which can lead to more open debate and discourse about the issues that are most important to society.