Chicago Business Litigation Lawyer Blog
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:
- 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.
- 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.
- 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.
- 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.
- 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.
- Retractions and Apologies: In some cases, retracting a statement or issuing an apology can mitigate damages or even negate a defamation claim.
- 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.
- 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. Continue reading ›