Is an opinion protected by defamation law?

Yes, an opinion is protected by defamation law in California. Under California Civil Code Section 47(d)(4), a statement of opinion is protected from liability for slander or libel as long as it is a “fair and true” expression of an opinion based upon facts that are known to the speaker. This means that the opinion must not be false or misleading and must not contain false statements of fact. To determine whether a statement of opinion is defamatory, a court will consider the context in which it was made. It is important to note that opinion statements that express hatred or contempt for a person, group or company may be considered defamatory. Additionally, if a statement of opinion implies the existence of undisclosed facts that support the opinion, then it is likely to be considered actionable as a statement of fact. Furthermore, even if an opinion is made in good faith, there may be civil liability for defamation. Even if the opinion is based upon publicly available facts, it is still possible for a court to find that the opinion contains false facts that could lead to civil liability. In conclusion, it is important to be mindful that while opinions may be protected under defamation law, opinions should still be expressed with caution.

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Is an opinion protected by defamation law?

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