As a defamation lawyer, one of my most common calls is about negative reviews that people have posted about companies they do business with. The company often sends them a demand note threatening to sue them for defamation if the review is not removed. Although you cannot stop someone making threats of this nature, there are steps you can take to avoid liability when you draft a negative review.
1. Tell the truth, and nothing less than the truth
Truth is a strong defense against defamation. When you share details about a problem you had with a company, it is important to be objective and truthful. Avoid sensationalizing or exaggerating, as this can lead to defamatory remarks.
2. You can’t separate your opinion about the facts from your opinion.
Defamation protects opinions. You have more freedom to express your opinions about the facts and what they mean to you if you keep them neutral. Protect yourself from legal claims by signaling to your audience that your opinion is being expressed before you tell your views about real events.
3. The proof is in what you eat
Keep copies of all evidence supporting your story. These include emails or contracts between you and the company, photographs or videos of relevant events, screenshots from social media pages or websites that relate to the dispute, voicemails, and similar data. These documents can be used to help your attorney respond to any demand letters, if they are made. They can also serve to convince the other side that they will lose a case.
4. Innuendo is dangerous
Sometimes, what you are notsaying is just as offensive as what you say. Courts have held that juxtaposing true facts can lead to a defamatory inference. For example, if you post a photo of a business with the statement “Some people are crooks”, it could imply a defamatory link and support liability. Courts will usually consider the meaning of your statements and not be too clever.
5. Know your rights
Even if you’ve followed the rules, someone may still try to silence you by threatening legal action. Several states, including Colorado, New York, California, and Colorado, offer extra protection through an “anti-SLAPP” motion. If you win a lawsuit, this extra protection could allow you to recover your attorney’s fees. To determine if your state offers such protections against frivolous litigation, and the associated costs, you should consult a competent defamation attorney.
Make sure you are smart about your online presence. We can help you determine your legal options.
Summarized from an article by Stubbs, Alderton & Markiles, LLP.
