UNDERSTANDING THE DIFFERENCES OF THE THE LEGAL RIGHTS OF BEING DEFAMED

Statements of pure opinion are not actionable and are deemed privileged.  No matter how offensive, a statement of pure opinion cannot be the subject of an action for defamation.  New York courts have set out the following factors to be considered when distinguishing between opinion and fact:

• whether the specific language in issue has a precise meaning which is readily understood;
• whether the statements are capable of being proven true or false; and
• whether either the full context of the communication in which the statement appears or the broader social context and surrounding circumstances are such as to signal readers or listeners that what is being read or heard is likely to be opinion, not fact.

As will be discussed herein, not all so-called opinions are protected.