The claim requires a false statement of fact, publication to a third party, fault, and damages. Statements injuring a business in its trade may be defamatory per se, permitting presumed damages.
Opinion is protected where it does not imply undisclosed facts.
Alternative Names:
Business Defamation|Commercial Defamation
Why it Matters?
The opinion defense is the primary protection, and a statement framed as evaluation is not actionable unless it implies undisclosed defamatory facts. That framing distinction is where these cases are decided. Public figure status also matters for businesses that injected themselves into public controversy, since actual malice then applies. Corporate plaintiffs must also prove damages unless the statement was per se defamatory.
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Related terms
Frequently asked questions
What is the primary defense?
Do businesses face a higher standard?
