Fact vs Opinion CASES

In English defamation law, the distinction between fact and opinion matters for meaning, proof, and defences. A statement of fact asserts a verifiable proposition that is either true or false. A statement of opinion (value judgment, comment, inference) signals an evaluation that depends on indicated or known facts. The classification turns on how the hypothetical reasonable reader would understand the words in their full context.

Definition and principles

The court determines the single natural and ordinary meaning first, then asks whether that meaning is factual or opinion. Relevant indicators include: (i) whether the statement is capable of verification; (ii) the words used (e.g., “in my view” helps but is not decisive); (iii) context and tone (news report, comment piece, tweet, headline); (iv) whether the underlying facts are set out or linked; and (v) whether the statement implies the existence of undisclosed defamatory facts.

Why it matters

• Truth (fact): a factual imputation must be proved substantially true to defeat the claim.
• Honest opinion (opinion): the defendant must show (a) the statement was opinion, not fact; (b) it indicated its basis (or the basis was sufficiently known); and (c) an honest person could have held the opinion based on those facts. Malice defeats the defence.
• Mixed statements: “rolled-up” comments may imply undisclosed facts. If so, the factual sting must be proved true or otherwise defended; opinion alone will not suffice.

Common examples

• Fact: “X falsified the audit figures.” Capable of proof; truth must be established or another defence made out.
• Opinion (with stated basis): “Given the documented safety breaches in the report, I think the company is reckless.” The report supplies the basis.
• Mixed / implied fact: “I’ve seen things that prove X is corrupt.” Implies undisclosed facts; likely treated as factual unless the basis is identified.

Drafting and publishing tips

Label opinion clearly, state or link to the factual basis, distinguish fact from comment in layout and tone, and avoid implying undisclosed facts. Corrections/updates should be prompt where facts change.

Practical importance

For claimants, identify the factual sting and whether the words imply undisclosed allegations. For defendants, ensure opinions are tethered to indicated facts and consider whether the public interest defence also fits the publication.

See also: Defamation; Honest opinion; Truth; Serious harm; Public interest defence; Meaning (single meaning rule); Corrections and right of reply.