Legal Question in Civil Litigation in Pennsylvania

Re: Is This Defamation?

"Truth is an absolute defense," so goes an old maxim of defamation / libel / slander law.

If the customer actually went to the restaurant, actually saw the things they described, and actually reported them to the health department, then their statements likely aren't defamatory because they're true.

The same goes with the rights to have the review removed. Moreover, due to First Amendment protections courts are extremely hesitant to prevent someone from speaking their mind, even if what they're saying is untruthful. The remedy there is normally not to silence the other party but to hold them liable for the effect of their words. (There are exceptions, such as for harassment, but that's complicated and likely irrelevant here).

Of course, in the real world people frequently say things that aren't true to hurt others. If the customer didn't go to the restaurant or didn't see those things they wrote about on the website, then that is a different story. The same goes if their post implies there was health department action when no such action occurred.

Re: Is This Defamation?

You asked about defamation.

My colleague answered correctly but I must pick a nit. A statement is defamatory when it denotes an objectionable connotation. A defamatory statement is actionable when it is false. That is called defamation: The publication of a false defamatory statement. Even if the statement is true it may still be defamatory but it is not actionable as a defamation.

I hope that nit has been set to right.

Regards,

Roger