Defamation is a statement that damages the reputation of a third party. Not all negative statements about your company are defamatory. The law distinguishes between facts and opinions. An opinion, even if it is harsh or critical, is not considered defamation if it cannot be proven to be true or false.
For example, if a competitor says, “I think your products are overpriced, it's likely to be considered an opinion. However, if they say, “Your products are made with toxic materials and that's not true,” it could be defamation. Knowing this distinction is crucial in evaluating whether you have a valid defamation claim. The most important element in proving defamation is that the statement must be false.
In fact, the truth is an absolute defense against any defamation lawsuit. Essentially, no true statement, regardless of how hurtful or embarrassing the statement is, will be considered defamation. In addition, the mere fact of expressing an opinion or aversion to someone does not constitute defamation, since it is not affirming a demonstrable fact. The second element requires that the statement involves the defendant.
A defamation lawsuit cannot be initiated if they are not named or referred to in the allegedly defamatory statement. As for the third element, the statement must be communicated to one or more people other than the person filing the defamation lawsuit. Finally, the last element requires the plaintiff to show some evidence of injury. This means that the plaintiff must be able to point out a monetary loss that occurred as a result of the defamatory statement.
Keep in mind that if any of these elements are not met, the defamation lawsuit will ultimately fail.