Defamation vs Opinion: What’s Actionable Online

The difference between defamation and opinion comes down to one question: does the statement assert a fact that can be proven false? “This is the worst plumber in the city” is opinion and is generally protected. “This plumber charged me for parts he never installed” is a factual claim, and if it is false, published to others, about you, and harmful, it may be defamation.

This guide explains the general principles of US defamation law so you can judge what you are dealing with before you spend money on it. It is not legal advice. Defamation law varies by state and depends heavily on the exact words and context, so if you are considering any legal step, talk to a lawyer who handles defamation cases.

What counts as defamation

Most US courts look for the same core elements. A plaintiff generally has to show all of them, not just one or two.

1. A false statement of fact. The statement has to be capable of being proven true or false, and it has to be false. Insults, feelings and value judgments usually don’t qualify.
2. Publication. The statement was communicated to at least one person other than you. A public review, post or comment clearly meets this.
3. About you. A reasonable reader would understand the statement to refer to you or your business, even if you aren’t named outright.
4. Harm. The statement damaged your reputation in a way the law recognizes, such as lost customers or business. Some categories of statement, like falsely accusing someone of a crime, are treated as especially serious in many states.
5. Fault. The person who made the statement was at least careless about whether it was true. How much fault you must prove depends on who you are, which we cover below.

You will also see two older terms. Libel is defamation in written or recorded form, which covers almost everything online: reviews, posts, articles and videos. Slander is spoken defamation. For online reputation problems, you are almost always dealing with libel.

Why opinion is generally protected

A statement that can’t be proven false can’t be defamatory, because falsity is one of the elements. That is why pure opinion, criticism and rhetorical hyperbole are generally protected speech. When a reviewer calls your service “a total rip-off” or says your staff are “clueless,” most courts read that as an angry customer’s judgment, not a factual claim.

There is an important limit. In Milkovich v. Lorain Journal Co. (1990), the US Supreme Court declined to create a blanket rule that anything labeled opinion is protected. Adding “in my opinion” to a false factual claim doesn’t make it safe. “I think the owner is stealing from customers” still implies a verifiable fact: that theft is happening.

Courts typically weigh a few things when they decide which side of the line a statement falls on:

• Is it specific and checkable? A date, an amount, an event or an accusation of a crime points toward fact.
• What is the context? Review sites and heated social threads are places where readers expect exaggeration and venting, which pushes loose language toward opinion.
• Does it imply undisclosed facts? “Based on what I saw in their back office, I wouldn’t trust them with money” suggests the writer knows something factual that readers can’t see.

Opinion or factual claim? Examples

These examples are illustrative. Real cases turn on the full wording, the platform and the state, so treat this as a way to sort your thinking, not a verdict. For more side-by-side cases, see our defamation examples.

Statement	Likely reading	Why
“This restaurant is the worst in town.”	Opinion	A subjective judgment no one can prove true or false.
“The owner steals from customers’ cards.”	Factual claim	Accuses a specific person of a crime that either happened or didn’t.
“Worst customer service I’ve ever had, total scam.”	Usually opinion	“Scam” used loosely in a review is often treated as hyperbole, though context matters.
“They charged me twice and refused a refund.”	Factual claim	Checkable against payment records. If true, it’s not defamation.
“This contractor isn’t licensed.”	Factual claim	Licensing status can be verified with the state.
“I’d never go back. Overpriced for what you get.”	Opinion	A value judgment about price and quality.

Notice that a factual claim is not automatically defamation. If the business really did charge the customer twice, the review is true, and truth is generally a complete defense.

Truth is a defense

Because falsity is an element, a statement that is substantially true is generally not defamatory, even if it is harsh and even if it hurts your business. Courts usually don’t require every detail to be perfect. If the gist is accurate, minor errors typically won’t turn it into a winning claim.

A review that leaves out context, such as the customer arriving an hour late, can feel unfair, but missing context is not a false statement of fact. A calm public reply that adds the context once is the better tool.

Public figures and “actual malice”

How much fault you have to prove depends on who you are.

• Public officials and public figures must show “actual malice,” a standard the Supreme Court set in New York Times Co. v. Sullivan (1964). It means the speaker knew the statement was false or acted with reckless disregard for whether it was true. It has nothing to do with ill will, and it is a high bar.
• Private individuals generally face a lower bar. After Gertz v. Robert Welch, Inc. (1974), states can let private plaintiffs recover by showing negligence, though the details vary by state.

Some people count as public figures only for a topic they stepped into publicly. Which category you fall into is a question for your lawyer, and it can decide the case.

Section 230: why the platform usually isn’t liable

Section 230 of the Communications Decency Act generally prevents websites from being treated as the publisher of content their users post. In practice, that means you usually can’t sue Google, Yelp, Reddit or a review site over a review someone else wrote. It is also why platforms rarely remove content simply because it is negative or because you say it is false.

Section 230 does not protect the person who wrote the content. The author can still be liable for their own defamatory statements. That creates two practical routes:

• Platform policy. Reviews and posts that break a platform’s rules, such as fake reviews, conflicts of interest or harassment, can be reported and removed without any court. Our guide to removing fake Google reviews walks through Google’s process.
• A court order against the author. If a court finds specific content defamatory, many platforms and search engines will act on that order. Some sites refuse even then; our guide to Ripoff Report removal explains one example.

Anti-SLAPP laws: the risk of suing over speech

A majority of US states, plus the District of Columbia, have anti-SLAPP laws. SLAPP stands for “strategic lawsuit against public participation,” and these laws are designed to end weak lawsuits over speech early. Depending on the state, a defendant may be able to file a motion that pauses the case and forces the plaintiff to show early on that the claim has merit.

The part that matters for a business owner is the cost. Many anti-SLAPP laws let a defendant who wins the motion recover their attorney’s fees from the plaintiff. If you sue a reviewer over something a court decides was opinion, you could end up paying your own lawyer and theirs. The strength and scope of these laws differ widely by state, which is one more reason to get advice before filing anything.

Why threatening a reviewer usually backfires

Sending a threatening letter to someone who left a bad review is tempting. It is also one of the most reliable ways to make a small problem larger.

• It creates a second story. Reviewers often post the letter, and “business threatens to sue customer over review” travels much further than the original review. That is how a single complaint turns into a wave of new reviews from strangers.
• It can break federal rules. The FTC’s 2024 rule on consumer reviews prohibits using unfounded or groundless legal threats, physical threats, intimidation or public false accusations to stop someone from posting a review or to get one removed.
• Contracts can’t gag reviewers. The Consumer Review Fairness Act (2016) makes clauses in customer contracts that restrict honest reviews generally unenforceable.

The better first move is a calm reply and a policy report. Any legal step should come from a lawyer who has read the exact words.

A worked example

This scenario is illustrative, not a real client.

A family-run auto repair shop gets two new one-star Google reviews in the same week. The first says: “Overpriced, slow and the guy at the counter had a terrible attitude. Avoid.” The second says: “They replaced parts that didn’t need replacing and billed my insurance for work they never did.”

1. Sort the statements. The first review is opinion: price, speed and attitude are judgments. The second makes specific factual claims, including one that implies insurance fraud.
2. Check the facts. The owner pulls the records. The first reviewer was a real customer whose repair did take longer than quoted. There is no record at all of the second reviewer, no vehicle, no invoice and no insurance claim.
3. Respond to the first. A short public reply acknowledges the delay, explains what’s changing and offers a direct contact. No legal angle here, and trying to find one would waste money.
4. Report the second. Because there is no record of the person, the owner flags it to Google as a possible fake review and leaves a brief, factual reply: “We can’t find any record of your vehicle or a claim under this name. Please contact us directly so we can look into it.”
5. Escalate only if needed. If the review stays up, the owner takes the screenshots and records to a defamation lawyer to ask whether a claim is realistic.

The platform route comes first because it is faster and cheaper, and it doesn’t start a public fight.

What to do if you think a post is defamatory

Preserve dated screenshots of the post, its URL and the author’s profile. List each specific factual claim and whether you can show it is false. Check whether the post breaks platform rules, then take the evidence to a lawyer who can assess your status, filing deadlines and your state’s anti-SLAPP law.

Plan for the search results either way, because legal action can take a long time. Our content removal work focuses on routes that exist without litigation, and if the situation is moving fast, our crisis management team can help you decide what to say publicly in the meantime.

Frequently asked questions

Is a bad review defamation?

Usually not. Most negative reviews express opinions about quality, price or service, which are generally protected. A review may be defamatory if it makes a specific false statement of fact, such as accusing you of a crime that didn’t happen, and meets the other legal elements. Talk to a lawyer about any specific post.

Can I sue Google or Yelp for a defamatory review?

In most cases, no. Section 230 generally shields platforms from liability for content their users post. The author of the review can still be liable, and platforms may remove content that breaks their own policies or that a court has found defamatory.

Does saying 'in my opinion' protect a false statement?

Not automatically. The Supreme Court rejected a blanket protection for anything labeled opinion in Milkovich v. Lorain Journal Co. (1990). If the statement still implies a false, verifiable fact, the label may not help.

Should I send a cease and desist letter to a reviewer?

Be careful. Groundless legal threats aimed at getting reviews removed can violate the FTC’s 2024 rule on consumer reviews, and letters often get posted publicly and make things worse. If you believe a statement is false and damaging, have a lawyer review it before anything is sent.