Can a Negative Restaurant Review be Considered Defamation?

In the age of online platforms and social media, restaurant reviews have become a powerful tool in shaping public opinion. While customers and critics have the right to express their opinions, it's important to understand the legal boundaries that govern these expressions, particularly in relation to defamation laws. Today we’ll take a look at some of these laws and what you might need to know as either a reviewer or restaurant owner. 

The Legal Protection of Opinions

Freedom of speech allows individuals to share their opinions and truthful statements about restaurants without legal repercussions. This means that both professional food critics and regular customers can express their views freely. 

Statements such as "I wouldn't serve their food to my dog" or "It was the worst meal I have ever eaten" are subjective opinions and, as such, are generally legally protected. Simply being mean-spirited does not equal an actionable legal issue. 

The key legal issue arises when statements made are presented as factual in nature. For a statement to be considered defamatory, it must be a false statement of fact that is published, causes damage to someone's reputation, and is made without a legal defense. Defamation can take two forms: libel (written) and slander (spoken). 

Example of Defamatory Statements

Consider a review stating that a meal had a bug in it or a dish contained a certain ingredient. If these statements are false, they could be considered defamatory. The person who made the statement could be liable if the statement was published (even if just to one other person via email, text, or online), caused damage to the restaurant’s reputation, and there was no legal defense (like truth or privilege) for the statement. 

As we mentioned above, a crucial element of defamation is the publication requirement. A defamatory statement must be communicated to at least one person other than the person it's about. A private conversation between two people, not overheard or seen by others, typically does not meet this criterion. 

Truth as a Defense

Importantly, defamation specifically refers to false statements presented as true. This means that actual truth is a legitimate defense against defamation. If a person can prove that their statement was true, they generally cannot be held liable for defamation. 

Variation in State Laws

Defamation laws can vary significantly from state to state in the United States. Some states may have specific statutes or case laws that impact the interpretation and application of defamation principles. This variability makes it crucial for individuals and businesses to understand the legal landscape in their specific jurisdiction. 

The Importance of Legal Advice

Given the complexities and state-specific nuances of defamation law, it's vital to have access to affordable and reliable legal counsel. An attorney knowledgeable in defamation and free speech laws can provide invaluable guidance, whether you're a reviewer facing a legal challenge or a restaurant owner considering action against a defamatory review. Legal expertise can help navigate these issues effectively, safeguarding the rights of individuals and businesses alike. 

Know the Laws with LegalFix

While the freedom to express opinions about restaurants is a fundamental right, it comes with responsibilities and legal boundaries. Understanding the difference between opinion and defamation, and the legal implications of each, is crucial in today's interconnected world. The value of knowledgeable legal counsel cannot be overstated in ensuring that this balance is maintained in a fair and just manner. 

Whether you want to know if a negative review can be defamatory or just want a better understanding of out legal system, LegalFix is your go-to source of information. LegalFix offers legal insurance—also known as prepaid legal services—as an employee benefit for SMBs and as a membership benefit for credit unions. Ask your employer, employee benefits broker, insurance broker, credit union, or other membership group for preferred pricing today. 

You can also find helpful articles and state-specific explanations of nearly 1,600 legal topics—or browse state and federal statutes to better understand the laws that affect you—all at LegalFix.com.