§ 14-15 Defamation - Defense of Fair Comment and Criticism

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 14-15 Defamation - Defense of Fair Comment and Criticism

The defendant claims the words [spoken][written] were in the form of legitimate criticism or fair comment upon the public acts of an official [or candidate for public office]. A fair and reasonable criticism of that kind is allowed, provided it contains no reference or reflections that defame the individual's private affairs, character or business.

Fair and honest criticism in matters of public concern is privileged, but the privilege is limited strictly to comments and criticisms and does not intend to protect false statements, unjust inferences, imputations of evil motives, or criminal conduct, and attacks upon private character or reputation, the publisher being responsible for the truth of what he alleges to be the facts. It is for you as a jury to determine whether the criticisms or statements affecting a public officer or a public matter ceased to be fair and honest.

When a publication is one which tends under the circumstances to bring the plaintiff into hatred, ridicule, or contempt, it is not necessary that the plaintiff present direct evidence of any damage that the publication caused him. The law presumes that the publication of such material has by its very nature damaged the person referred to by injuring his standing in the community and by causing him humiliation.

Every person has a right to comment on matters of public interest and general concern, provided it is done fairly and with an honest purpose. Such comments are not [slanderous][libelous], however severe in their terms, unless they are [spoken] [written] intemperately and maliciously.

To support a plea of fair comment, the statement has to be, in whole or in part, a matter of comment or opinion, rather than an assertion of a factual proposition. In this regard, an expression of simple or pure opinion asserting personal comment on certain stated facts constitutes the type of expression of opinion to which the privilege of fair comment applies, in contrast to [slander] [libel] based upon misstatement of facts.

The privilege of fair comment on matters of public interest does not extend to misstatements of fact, even though they were made without malice and in the honest belief that they are true, but extends only to opinion, comment, or criticism based upon a true statement of facts. The policy of the law is to permit everyone freely to discuss and criticize matters of public interest, provided the statements made be:

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