Is fair comment a right or privilege?

10 In Brown v. Kelly Broadcasting Co. (1989) 48 Cal.3d 711, 257 Cal.Rptr. 708, 771 P.2d 406, the court explained that although courts and commentators have often stated that fair comment on matters of public concern is "privileged," that terminology is incorrect. " 'A privileged occasion is one on which the privileged person is entitled to do something which no one who is not within the privilege is entitled to do on that occasion.' In the case of fair comment on matters of public concern, however, all persons may comment equally. Thus, it is better practice to refer to fair comment as a right rather than a privilege." (48 Cal.3d at p. 733, fn. 18, 257 Cal.Rptr. 708, 771 P.2d 406, citations omitted, original emphasis.)