Can I Be Sued for Defamation of Character and Libel

The first amendment protects our right to free speech. We are free to express ourselves verbally or in print without fear of government intervention. However, writers need to be aware of legal repercussions from people they may write about if statements written as fact are not true. We walk a fine line when it comes to reviewing others. Those who cross the line could end up in a court of law, sued for defamation.

Reviews of movies, Broadway plays, restaurants and books are not usually considered areas where the writer reviewing them can end up in trouble. As long as the review is honest, fair and truthful. A play or restaurant may lose business if a credible writer presents a lousy review. A movie or book may not sell as many tickets or books. Money may be loss, however, the person who wrote the bad review will not be sued for defamation or libel because this kind of review is considered to be the opinion of the person writing the review.

The owner of an establishment can not sue for defamation or slander as long as you are giving your fair opinion. Your opinion does not include inaccurate statements that can be proved to be false. Example. It's fine to say you didn't like a particular diner because the food arrived at your table cold and the wait staff was rude when you complained. It's not acceptable to write, the place was filled with cockroaches and you found a dead cockroach in your sandwich which made you sick if that's false. Your allegations can be proved false and the owner of the diner can sue you because this kind of untrue statement could harm his business and reputation. That's considered to be a defamatory statement by you. However, if you did find a cockroach in your food and it made you sick and you can prove it, then it's a true statement and you have a defense if the owner tries to sue you.

What exactly does defamation mean? If you say something about another person, either spoken or written, that is not true and it harms that person's reputation and drives business away from them, you are guilty of defamation of character. Politicians can get away with negative attacks on each other, but we can not. It's important to keep three things in mind when writing reviews about products, online activities and businesses. Facts, facts, facts. Always think twice before you write and triple check before you publish. Ask yourself, are my statements above reproach? Have I been completely fair, honest and objective. Are any of the statements nothing more than rants from a bad experience? Any gripes that are baseless should be delete immediately. Biased complaints are usually defamatory.

Keep in mind, even a true statement can result in malice, which means to intentionally cause injury to someone. If you write anything that is said in malice (ill will), you could be sued for libel. A recent federal appeals court in Boston has ruled a case for malice could apply to the written word. This case is pending and could end up in the Supreme Court.

The difference between libel and slander is simple. Libel is defamation in writing. Slander is spoken defamation. If you find yourself facing an irate business owner who threatens to sue, it's important to find a good libel lawyer in your state. In most libel cases, the plaintiff will end up dropping his lawsuit because these kinds of cases draw a lot of unwanted and bad publicity. They are difficult to win and the damages are usually small, but it's best not to end up in hot water to begin with. You risk damaging your reputation and credibility as a writer.

Writers have an obligation and responsibility to present the truth and nothing but the truth when writing a review about anything. Make sure to keep any notes, audio tapes, emails or any correspondence you used to obtain information for your article. As long as what you write is fair, honest and truthful with no suppositions ( making your own assumptions or hypothesis), you will be fine. Give them the facts; just the facts. If you can't prove a statement, leave it out. Protect your integrity and credibility by knowing what you can and can not say.

Libel and Slander, FreeAdvice.com

Think You Know Libel Law, Think Again, Media Law

Defamation, Libel and Slander Law, Expertlaw