1

Say that I did business with Acme Corporation and my salesperson was John Smith. I want to write a review of my service that specifically says "John Smith was not a good sales person" in my online google review of Acme corporation. Can John sue me for defaming him even though I was reviewing Acme?

2

No, you didn't make a false statement about him, you expressed a personal opinion which is neither true nor false. Defamation isn't defined in terms of "where you publish the statement", it simply is about publishing a statement, which is damaging, and which is false.

  • Who is the judge of whether a statement is true or false and/or damaging in this case, though? Certainly if I said "he stole my car" that would be provably false. But stating that he is a poor salesman can damage his opportunity to get further income. Is that not a problem? – Michael Stachowsky Jul 18 at 15:53
  • 1
    The judge (or jury) is the judge. The truth or falsity of a statement is not defined in terms of whether the statement causes damage. In general, assessments that a person is "good" or "bad" are statements of subjective opinion, not statements of fact. A defamatory statement has to falsely assert a fact. – user6726 Jul 18 at 16:09

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.