In general terms it’s okay to express an opinion. If you think the food at Joe’s Dinner is miserable, you have the right to say so. If you’re a food critic and say that Joe uses too much butter, and in fact Joe only uses margarine, then there can be problems.

Libel is usually seen as printed information which is untrue, defamatory and harmful. There are obvious libels (libel per se) such as a false claim that Smith is a convicted arsonist, and indirect libels (libel per quod) where, for example, it might be said that Jones associates with “known” mobsters, the inference being that Jones too is a criminal.

To show libel it’s usually necessary for the plaintiff to at least prove that a report is untrue. There are exceptions for “public figures” such as actors and politicians, where malice must also be shown in many cases. Knowing that actress Jones loves animals and accidentally burned her cat is unlikely to be libelous. Saying that Jones purposely stuffed her cat in an oven, and didn’t, would undoubtedly result in a libel suit.

Truth

There are some situations where it is possible to publish something which is both true and libelous. Saying that Green is a homosexual, even if true, has traditionally been seen as libelous if it holds Green up to public ridicule and causes economic harm. Truth, then, is a mitigating defense against a libel claim and not necessary an absolute defense.

As an example, suppose an Army sergeant — someone who is not a public person like an actor or politician — is publicly identified as gay. Under long-time military regulations, the sergeant can be separated from the service and thus lose pay, benefits, and future job possibilities. In this example, the mere act of publication can hurt an individual’s well-being. Whether such publication is libelous or not libelous is a complex matter that may ultimately be decided by a jury.

Opinion

Matters of opinion have traditionally been protected against libel suits, but in at least one case an opinion was ruled libelous because it was based on information which the Supreme Court said was “false and defamatory.”

Courts

In most instances individuals who are libeled do not bring suit against a publication and even when a suit is brought, most plaintiffs fail.

Rather than a court battle, people who feel they have been libeled typically ask for a retraction or the publication of a letter to the editor, something publications normally give if they are wrong. Even when a libel suit goes to court, and even when libel has been committed, plaintiffs traditionally are apt to collect small awards because it’s often difficult to prove economic damage.

However, in recent years, there have been a number of multi-million dollar awards. While such awards are often reduced on appeal, there is nothing appealing about the threat such awards represent or the costs of litigation.

In many situations when a libel occurs a hurt party will greatly prefer to forget the entire matter. The reason is that retraction or a libel suit will just bring more attention to the false statements, something many plaintiffs wish to avoid.

Slander, by the way, is nothing more than an oral version of libel.

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