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.

Related FAQs

What defenses are available to those charged with defamation?
What is the difference between libel and slander in terms of elements?
Is a person allowed to use the defense of privilege in a defamation claim?
How do you prove that a statement is false?
Is a person allowed to use parody as a defense in a defamation lawsuit?
What is the burden of proof in a defamation case?
Does a defendant have to prove truth in order to avoid liability for defamation?
What are the limits of speech protected under defamation law?
Does a website have an obligation to remove defamatory content?
Are public officials given additional protection from defamation claims?

Is an opinion protected by defamation law?

Related FAQs

Related Blog Posts