Can I be Sued for Defamation for Posting Internet Reviews

In general, you can be sued for posting internet reviews, even if they are truthful and critical, but the likelihood of the lawsuit being successful depends on various factors. Here’s a breakdown of the legal considerations:

1. Truth as a Defense: Truth is a key defense against defamation claims. In most jurisdictions, if the statements you made in your review are true or are your genuine opinion, it’s less likely that a defamation lawsuit against you would succeed.
2. Opinion vs. Fact: Expressing an opinion is typically protected speech, but stating something as a fact that can be proven false could lead to legal issues. For example, saying “I think this restaurant has the worst service” is an opinion, whereas saying “this restaurant has health violations” when it does not, is stating a false fact.
3. Public vs. Private Figures: Public figures, like celebrities and politicians, have a higher threshold to prove defamation. They must prove that the statement was made with actual malice or reckless disregard for the truth. Private individuals only need to prove that the statements were false and damaging.
4. Context Matters: The context of your review can also be important. If the review is posted on a platform known for hyperbolic or humorous reviews, it might be taken less seriously than a review on a more formal platform.
5. Local Laws: Defamation laws vary widely by country and even by state or province within countries. Some places have stricter laws about what constitutes defamation.
6. Retractions and Apologies: In some cases, retracting a statement or issuing an apology can mitigate damages or even negate a defamation claim.
7. SLAPP Lawsuits: Some lawsuits, known as Strategic Lawsuits Against Public Participation (SLAPP), are filed to intimidate or silence critics by burdening them with the cost of legal defense. Many jurisdictions have anti-SLAPP statutes that protect individuals from these kinds of lawsuits.
8. Insurance: Many homeowners insurance policies or umbrella policies provide libel defense insurance. You should retain independent legal counsel to deal with your insurance carrier as the carrier’s have a conflict of interest since the policies exempt intentional misconduct which libel claims often encompass.

It’s always advisable to be thoughtful and factual in online reviews and to understand the potential legal implications of what you post online. If you are concerned about a specific situation, consulting with a legal professional is recommended.

Truthful information about matters of public significance is usually protected under the First Amendment unless there’s a state interest of the highest order. However, instances of legal action can still occur. For instance, the case of Svanaco, Inc. v. Brand involved a website developer’s claim against a disgruntled customer and its consultant for tortious interference with prospective economic advantage based on negative online content, demonstrating that potential legal issues can arise from reviews that are seen as causing harm and preventing business relationships.

In the case of Fidlar Technologies v. LPS Real Estate Data Solutions, Inc., the truthfulness of certain statements made in communication to counties was a point of contention, indicating that the truth or perceived truth of a statement can be evaluated by a jury in certain circumstances.

Additionally, the responsibility for the content usually lies with the person posting the review, as shown in the case of Huon v. Breaking Media, LLC, where it was established that providing a forum for potentially unlawful content does not incite the posting of such content.

However, even truthful reviews can potentially lead to legal issues if they include personal identifying information or infringe on privacy rights. In U.S. v. White, the court found a website that disclosed personal information about law enforcement personnel as part of its critical reviews had crossed the line.

Therefore, while your truthful review may be protected under the First Amendment, it’s important to carefully consider the content of your review to avoid potential legal repercussions. Please note that these interpretations are based on the cited cases and regulations, and the outcome of any legal action will depend on the specific facts and jurisdiction.

Choosing Lubin Austermuehle for defense in cases involving internet reviews and libel suits can be advantageous for several reasons. This law firm has extensive experience in handling high-profile libel and defamation cases, including those involving internet reviews. Their expertise is grounded in a deep understanding of the First Amendment, which plays a central role in libel law in the United States. The First Amendment protects freedom of speech, but it also acknowledges the responsibilities that come with this right, especially in cases where statements might harm someone’s reputation.

Lubin Austermuehle is adept at navigating the complexities of libel law and employing various defenses in such cases. These defenses include asserting the substantial truth of the statements made, litigation privilege (protecting statements made in legal proceedings), and qualified privilege (applying when individuals have a legal or moral duty to communicate certain information). They also consider the distinction between public and private figures in libel laws, where public figures need to prove that defamatory statements were made with actual malice.

Moreover, the firm has a track record of defending not only high-profile clients but also consumers and internet reviewers. This demonstrates their capability in handling a wide range of cases, from those involving prominent figures to ordinary citizens. Their approach to defense is informed by a thorough understanding of both the legal nuances and the practical implications of libel and defamation, ensuring that they can offer comprehensive legal support to their clients.

In summary, choosing Lubin Austermuehle for defense in internet review libel suits could provide a client with knowledgeable and experienced legal representation, well-versed in First Amendment issues and the specific challenges of online defamation. Call us for a free consultation at 630-333-0333 or contact us online.