Identifying Defamation Online
Sometimes, people argue that expressing an opinion doesn't constitute defamation. Technically, this is correct, as defamation applies only to statements of fact. However, in certain circumstances, a comment presented as an opinion can be reasonably interpreted as a statement of fact. Simply prefacing a defamatory comment with "I think" doesn't necessarily protect the speaker from liability. Before posting negative content online, it's essential to ensure you have a clear understanding of the facts. Avoid giving the impression that you possess knowledge you don't actually have but are merely assuming.
Not all negative comments carry the same risk of legal action. It's crucial to exercise caution when commenting on someone's private life or work. For instance, a defamation claim is more likely if a comment suggests someone lost their job due to sexual harassment or implies domestic violence contributed to a divorce. Conversely, posting a negative comment about someone's clothes or hairstyle on Instagram is less likely to lead to legal trouble because such statements are subjective and unlikely to damage a person's reputation.
If you find yourself in a borderline situation, it's wise to refrain from commenting. The risk is high, and the potential reward is relatively low.
SCHEDULE YOUR FREE CONSULTATION