What opinions Cannot be defamatory?
Asked by: Deron Thompson I | Last update: February 7, 2026Score: 4.1/5 (38 votes)
Opinions that cannot be defamatory are "pure opinions" that are subjective, figurative, or hyperbolic and cannot be proven true or false, such as "That's a terrible movie" or "I sensed they were dishonest" when clearly presented as a feeling. However, opinions become defamatory (or mixed opinion) when they imply or are based on undisclosed false facts, like saying, "I think John's a liar because he's a thief," when he isn't a thief, which then becomes a statement of fact.
Can opinions be defamatory?
While opinions are generally protected by the First Amendment and not considered defamatory, an opinion can become defamatory if it implies the existence of undisclosed defamatory facts.
What is not considered defamation?
Essentially, no true statement, regardless of how hurtful or embarrassing the statement may be, will be considered defamation. Additionally, merely stating one's opinion or dislike of someone does not constitute defamation, as it is not asserting a provable fact.
What are the 4 defenses to defamation?
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations.
What are exceptions to defamation?
—It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. Second Exception. —Public conduct of public servants.
What is the Streisand Effect & How Can I Avoid It?
What is the exception 7 of defamation?
Exception 7: It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.
What are the five elements of defamation?
The five core elements of defamation are: (1) a false statement of fact, (2) published to a third party (publication), (3) identifying the plaintiff, (4) made with a certain degree of fault (like negligence or malice), and (5) causing actual harm or damage to the person's reputation. Truth is a defense, and opinions aren't usually considered defamatory, while statements harming someone's profession or implying a serious crime can be "defamatory per se".
What is the strongest defense against a defamation claim?
The best defense against a defamation case (really against most things) is the truth. Truth is an absolute defense to defamation – if your statement was true, it cannot be the grounds for a successful defamation claim against you.
What is a protected opinion?
The U.S. Supreme Court has said that a statement is an opinion that merits protection when it is (1) about a matter of public concern, (2) expressed in a way that makes it hard to prove whether it is true or false, and (3) can't be reasonably interpreted to be a factual statement about someone.
What proof is needed for defamation?
To prove defamation (libel or slander), you generally need to show a defendant made a false statement of fact, communicated it to a third party, with at least negligence (or actual malice for public figures), that it was about you, and that it caused you actual harm or damages, like reputational or financial loss, with truth being a strong defense.
Who cannot sue for defamation?
You cannot sue for defamation based on statements considered “privileged.” For example, when a witness testifies at trial and makes a false and injurious statement, the witness will be immune to a lawsuit for defamation because the act of testifying at trial is privileged.
How much evidence do you need for defamation?
The burden of proof is upon the Claimant. To prove defamation, you need to establish that: The statement made against you is not substantially true. The statement was made knowingly or recklessly.
Can I name and shame someone on social media?
In many cases, exposing someone on social media can cross the line into defamation, particularly if the information being shared is false or misleading. If the exposed individual is able to prove that they have been defamed, they may be able to take legal action against the person who shared the information.
Can you be sued for expressing an opinion?
A defamation lawsuit can be brought only if the statement is an assertion of fact, not an opinion. Certainly, statements of opinion can tarnish reputations, but in the United States, opinions are protected by the constitutional right of free speech.
How to identify if it is fact or opinion?
“A fact is a statement that can be proven true.” “An opinion expresses someone's belief, feeling, view, idea, or judgment about something or someone.” “Facts are statements that can be shown to be true or can be proved, or something that really happened.
Is honest opinion a defense to defamation?
The defence of honest opinion, established under the Defamation Act 2005, protects individuals who express opinions on matters of public interest. This legal protection aims to balance the right to free speech with the need to protect individuals' reputations.
What are the three types of opinions?
- Majority Opinion. The majority opinion is an appellate opinion supporting the court's judgment (the result reached in the case) which receives a majority vote of the justices or judges hearing the case.
- Concurring Opinion. ...
- Dissenting Opinion. ...
- About Appeals.
Can a true statement be defamatory?
If the statement at the center of the accusation is true, then by definition, it can't be defamatory. Truth is an absolute defense to a defamation claim. The laws surrounding defamation were written with the recognition that protecting factual and truthful speech is essential to free speech.
What are the 5 limits to freedom of speech?
Five key limits to freedom of speech include incitement to violence, true threats, defamation, obscenity/child pornography, and speech integral to criminal conduct, all of which are generally unprotected because they cause direct harm, incite immediate illegal acts, or involve other serious offenses like fraud or perjury, despite free speech protecting even offensive or unpopular ideas.
Are opinions protected from defamation?
Statements of pure opinion are protected from defamation claims because they cannot be proven true or false. However, courts examine whether a reasonable person would interpret the statement as a subjective viewpoint or as an assertion of fact.
What is the absolute privilege in defamation?
When “absolute privilege” applies, it provides a speaker complete immunity from liability for defamation, even if the speaker made the false statement with knowledge that the statement was false and a malicious purpose.
What is the test for defamation?
At common law, a libel plaintiff has the onus of proving on a balance of probabilities: (1) the impugned expression would tend to lower his or her reputation in the eyes of a reasonable person; (2) the expression referred to the plaintiff; and (3) the expression was communicated to at least one person other than the ...
What are three forms of evidence for defamation?
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject ...
Does saying allegedly protect you?
You use allegedly to protect you from the potential legal ramifications, you could use apparently, or a number of other words to shield yourself. Ultimately, if you aren't confident you can evidence a statement to the standards applied in a court or law, then use the Shield words.
How hard is it to prove defamation?
Yes, proving defamation is generally hard, requiring plaintiffs to meet strict legal standards like showing a false statement of fact was published, caused reputational harm, and was made with a certain level of fault (negligence or actual malice for public figures), with defenses like truth and opinion making it even more challenging. Proving actual damages, especially financial or emotional ones, and navigating free speech protections are key hurdles.