Glossary / Opinion privilege

What is opinion privilege?

Opinion privilege is the rule that a statement which cannot be proven true or false — a subjective judgement — generally cannot be defamatory.

Courts distinguish between "the invoice was $400 over the estimate" (a fact, provable) and "this was the worst service I have had" (an opinion, not provable). Opinions built on facts you disclose in the same review are the safest form: state the facts, then state your conclusion as yours.

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