The internet provides a platform for people to express themselves and connect with others. Many consumers turn to the internet before purchasing a product or choosing a service provider. They may go to the internet for information about their communities or celebrities who they follow.
Business leaders, influencers, local celebrities and others might discover that other people have shared negative information about them online. Negative content may come from social media platforms and videos-sharing apps. One party may use proprietary platforms, such as a personal website, to share gossip and compelling stories. In some cases, the information shared online about an individual or business could constitute defamation. Other times, the controversial information might simply be a personal opinion.
How can those reviewed negatively online determine if the information shared is a protected opinion or actionable defamation?
Defamation involves a false statement of fact
Not every negative detail shared online constitutes defamation. Controversial newscasters and influencers avoid allegations of defamation by ensuring that they do not present salacious details as fact. Instead, they make a point of clarifying that what they share is simply their personal opinion.
Opinions vary from person to person, and individuals have a right to share their opinions even when they are completely speculative. That being said, sharing an opinion as though it were a statement of fact could constitute defamation.
If the party expressing the opinion presents negative information as though it were based in fact, then the content shared could constitute defamation. It is not defamation for a foodie influencer to say in an online review that a restaurant was one of the worst they had ever visited in their opinion.
It might constitute defamation to make statements about how dirty the business was unless there is clear evidence to validate that assertion. Unverifiable negative information shared without a disclosure indicating it is an opinion could constitute defamation.
Businesses and individuals dealing with negative online content may need help reviewing posts, videos and other digital content to determine if actionable defamation occurred, and that’s okay. Holding content creators accountable for defamatory online statements can result in the removal of negative content from the internet and possibly financial compensation for the party affected by the defamation.