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Defamation law

Is this review defamatory? The five-question test we run on every one

Opinion is protected. False statements of fact are not. Here is how an attorney tells the difference, and why 'the owner is a thief' is a very different review from 'the owner was rude'.

By Adrian Middleton · Wednesday, September 30, 2026

The test

Every review that comes into the firm is run through the same five questions. If the answer to all five is yes, it is actionable defamation and we go after it. If any answer is no, we tell you so and explain what you can still do.

  1. Is it a statement of fact? "The food was cold" is an opinion. "They served me raw chicken and I was hospitalised" is a statement of fact. Courts ask whether a reasonable reader would take it as an assertion that can be proved true or false.
  2. Is it false? Truth is a complete defence. If the core of the statement is substantially true, it is not defamation however unflattering.
  3. Does it identify you? Your name, your business name, or enough detail that people who know you would know who is meant.
  4. Was it published? A public review is published by definition. A private message to one person is a closer question.
  5. Did it cause harm, or is it defamatory per se? Some statements are presumed harmful: accusing someone of a crime, of having a loathsome disease, of conduct incompatible with their trade or profession, or of sexual misconduct. For those, the law presumes damage and you do not have to prove lost customers.

Why the answer matters for what we do next

A review that fails the test is not worthless to you, but it is not a legal claim. The right response is to flag it under the platform's own policies, to post a short, calm public reply, and to keep the file in case the poster keeps going. Paying anyone to "remove" lawful opinion is money wasted, and we will not take it.

A review that passes the test is a claim. The poster has legal exposure, the platform has a basis to act, and a demand letter from a law firm is the first step toward both.

Not sure which side your review falls on? Submit it. The evaluation is the first thing the firm does on every assignment.

This article is general information about defamation law, not legal advice about your situation. Reading it does not create an attorney-client relationship with Sword & Shield, PLLC.