Are insults, critiques and opinions considered defamatory?
Insults and epithets are not normally considered defamatory because they are generally seen as outbursts of emotion, with no real substance except to show intense dislike. A fair critique of a restaurant, movie, TV show, or theater play is also not considered defamatory. However, if the comments or criticism are disparaging enough, they may result in a loss of business or reputation.
Opinions are also not normally considered defamatory because opinions usually don't contain specific facts that can be proven untrue. Merely labeling a statement as your "opinion" does not make it so. Courts look at whether a reasonable reader or listener could understand the statement as asserting a statement of verifiable fact. (A verifiable fact is one capable of being proven true or false.) This is determined in light of the context of the statement. A few courts have said that statements made in the context of an Internet bulletin board or chat room are highly likely to be opinions or hyperbole, but they do look at the remark in context to see if it's likely to be seen as a true, even if controversial, opinion ("I really hate George Lucas' new movie") rather than an assertion of fact dressed up as an opinion ("It's my opinion that Trinity is the hacker who broke into the IRS database").
Other Defamation of Character FAQs
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What is defamation?
Defamation is false and unprivileged spoken words or written publication, which exposes any living person to hatred, contempt, ridicule, or which causes him/her to be … more -
What are slander and libel?
Slander and libel are two forms of defamation. Slander is a spoken defamation and libel is the written form. However, radio and television broadcasts that are … more -
Are e-mail and on-line activities subject to laws relating to defamation?
Yes, laws relating to defamation are applicable to email and other online activities. For example, if a person commits libel against you through email or … more -
Can I be sued for defamation of character if I am writing a book based on a true story?
If you place a "disclaimer" at the beginning that the people and events have been changed to protect the innocent, and that any similarities to actual persons, either … more -
I think I’ve been defamed, how can I prove it?
In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to … more -
What damages can I recover from a defamation of character suit?
If you have been defamed you may seek both actual damages, to recover the harm that you have suffered, and punitive damages to punish the person who made the remark … more -
What are the elements of a defamation claim?
The party making a defamation claim (plaintiff) must ordinarily prove four elements: 1. a publication to one other than the person defamed; 2. a false … more -
What defenses may be available to someone who is sued for defamation?
There are ordinarily 6 possible defenses available to a defendant who is sued for libel (published defamatory communication.) 1. Truth. This is a complete defense, … more -
What is libel per se?
When libel is clear on its face, without the need for any explanatory matter, it is called libel per se. The following are often found to be libelous per se: A … more -
May someone other than the person who originally made the defamatory statement be legally liable in defamation?
One who "publishes" a defamatory statement may be liable. However, 47 U.S.C. sec. 230 says that online service providers are not publishers of content posted … more
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