Which of the following is a requirement for the honest opinion defense in a defamation case?

Which of the following is a requirement for the honest opinion defense in a defamation case?

• A. The opinion must be based solely on speculation.
• B. The opinion must be made by someone with expert status.
• C. The opinion must be based on provably true facts.
• D. The opinion must be made anonymously.

Answer: (C)

The honest opinion defense in a defamation case is anchored in the need for the opinion to be based on provably true facts. This means that the underlying factual basis of the opinion must be verifiable and supported by evidence, ensuring that the opinion is not merely a subjective assertion but rooted in reality. This requirement serves to protect individuals from defamation claims when they express opinions that are informed by genuine facts, promoting free expression while balancing the rights of reputation. This underlying principle helps distinguish between robust opinions supported by evidence and allegations that may lack factual credibility, thereby providing a solid ground for the defense. Having a foundation in provably true facts also aids in demonstrating that the opinion is held sincerely, which is a central tenet of the honest opinion defense.

The honest opinion defense in a defamation case is anchored in the need for the opinion to be based on provably true facts. This means that the underlying factual basis of the opinion must be verifiable and supported by evidence, ensuring that the opinion is not merely a subjective assertion but rooted in reality. This requirement serves to protect individuals from defamation claims when they express opinions that are informed by genuine facts, promoting free expression while balancing the rights of reputation.

This underlying principle helps distinguish between robust opinions supported by evidence and allegations that may lack factual credibility, thereby providing a solid ground for the defense. Having a foundation in provably true facts also aids in demonstrating that the opinion is held sincerely, which is a central tenet of the honest opinion defense.