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Tosafos (b bb 39b second from top: פירוש לאותו שאומר לפני ג׳ דבפרק יש בערכין מייתי עלה הא דא״ר יוסי מעולם לא אמרתי דבר וחזרתי לאחורי פי׳ שלא היה חושש אם ישמעו בעלים) explains a gemara (ibid 39a-b) "אָמַר רַבָּה בַּר רַב הוּנָא כֹּל מִילְּתָא דְּמִתְאַמְרָא בְּאַפֵּי תְּלָתָא לֵית בָּהּ מִשּׁוּם לִישָּׁנָא בִּישָׁא—Rabba bar Rav Huna says: Any matter that is said in the presence of three people is not subject to the prohibition of malicious speech, as it is already public knowledge" as meaning that if one says over negative information in a way that would naturally reach the ears of the person being spoken of (in front of 3 people, and certainly if the person is present) then it isn't considered lashon harah (which per this is only negative speech that one is chicken to have the person hear about).

R Yaakov Emden seems to hold of this lhalacha as his autobiography (megilas sefer) is chockful of attacks on various folks that he had issues with.

Is this the accepted halacha nowadays?

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  • You mean telling someone, loudly and with 100 people listening, "You are a crook and a wife beater" might NOT be lashon hara?
    – Maurice Mizrahi
    Commented Aug 4 at 20:06
  • @MauriceMizrahi Precisely
    – Nahum
    Commented Aug 4 at 20:10
  • Is whether the statement is truthful relevant at all?
    – Mike
    Commented Aug 4 at 21:10
  • @Mike "midvar sheker tirchak" would seem to preclude that as well as "hotzoas shem ra" however "lashon harah" per se doesn't necessarily seem to proscribe it so long as one publicizes it
    – Nahum
    Commented Aug 4 at 21:28
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    The Chofetz Chaim discusses this case (don't have the reference here), and explains that it only applies if the statement in question is ambiguous, might be either negative or positive. If you say it in a way that the other person will hear about it, everyone can assume that you mean it the positive way. - But on the other hand the Chofetz Chaim is quite clear that a truly negative statement is indeed lashon hara, even if the subject is standing right there.
    – MichoelR
    Commented Aug 6 at 18:20

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