Defamation is a false statement of fact that harms someone's reputation. Libel is written, and slander is spoken. Opinions and true statements generally are not defamatory.
What a claim usually requires
- A false statement of fact about the person.
- Publication to at least one other person.
- Fault, such as negligence or, for public figures, actual malice.
- Harm to reputation or other damages in many cases.
Common defenses
- Truth.
- Opinion that is not provably false.
- Privileged statements, such as in court proceedings.
- Consent.
- The statute of limitations, which is often short.
Online issues
Online posts and reviews can be defamatory if they state false facts. Federal law generally protects websites from liability for what users post, but the person who wrote the statement can be sued. Some states have laws to quickly dismiss lawsuits designed to silence protected speech.
What to do
- Save the statement and context with screenshots and dates.
- Consider asking for a correction or removal.
- Do not respond with new accusations.
- Check the deadline to sue, which can be one year in some states.
- Consult an attorney before sending threats or filing suit.
Frequently asked questions
Can I sue over a bad review?
Only if it states false facts, not just opinions or true criticism.
Do public figures have a harder time?
Yes. They generally must prove actual malice.