How to Write a Negative Online Review Without Libel

Posted by Anonymous , 9/4/2007 Tags:WriteNegativeOnlineReviewWithoutLibel

Story Highlights

Introduction America is still a country that values free speech and we are assured of that right by

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Introduction

America is still a country that values free speech and we are assured of that right by the First Amendment of the United States Constitution. Just as individuals have the right to critically examine films, books and music in print, television and radio, the same right is extended to those who write such critical observations online. You can write a negative review online without facing a libel action, as long as you follow the same tenets that apply to the other mediums of disseminating information.

Instructions

Difficulty: Moderate

Steps

1

Step One

Base your review on the quality of the work itself and not on your opinion of the creator of the work. It is best to qualify your opinions with valid criteria that are generally recognized for a particular type of project.
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Step Two

Substantiate your point of view in your online review. If you are debating the validity of the subject matter or the qualifications of the creator of the work, make sure you can confirm you assertions. You need not fear a charge of libel if you have proof of your allegation.
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Step Three

Acquaint yourself with the manner in which the First Amendment protects your right to publish your opinions regarding another person's work or views without being subject to a libel action. Take the time to actually read the First Amendment of the Constitution. It can be located online at Findlaw or in any public library (see Resources below). Before you seek protection under the Constitution, you should understand the language and meaning of the amendment.

Overall Tips & Warnings

  • Study the methods in which reputable magazines, newspapers and television programs make their reviews. Most professional organizations are well versed in the manner in which critical analysis of a work should be presented and their procedures are monitored by legal departments that understand the intricacies of the law.
  • Simply stating that a negative review is your opinion cannot protect you from a libel charge. If your review makes assumptions that are false and that injure the reputation of the creator of the work you are evaluating, then you may still be liable in a legal action.
  • If you find yourself the subject of a legal action for libel, contact an attorney immediately as a delay may damage your case irreparably.

Overall Things You'll Need

  • Internet access
  • Library access
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