OK · jury_instructions
OUJI-CIV No. 28.4
DEFAMATION – AFFIRMATIVE DEFENSE OF FAIR COMMENT
DEFAMATION – AFFIRMATIVE DEFENSE OF FAIR COMMENT
[Defendant] has raised the defense in this case that the alleged defamatory
statement is privileged because it was a fair comment. A statement is a fair comment if it
meets the following four requirements:
1. The statement dealt with a matter of public concern;
2. The statement was based on true or privileged facts;
3. The statement was the actual opini on of the person who made it; and
4. The person did not make the statemen t only for the purpose of causing harm.
To decide whether the statement was a fair comment, you should consider the
following:
1. The way the statement was phrased;
2. The context in which the statement appeared;
3. The medium in which the statement was distributed;
4. The circumstances surrounding th e statement’s publication; and
5. Whether the statement implied the existence of undisclosed facts.
Provenance
- Source
- oscn.net
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
23aa47a1afbf4d554458432906876af4fa577e339818a41a81b639ea1d25a405
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