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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Gimal - Halachah 6

it is absolute Lashon Hara (and not Avak Lashon Hara). (Please see the
following Hagahah).

Hagahah

Awhile later I located in Mishnayot Avot (1st perek, 17th mishnah) in the
Rambam’s commentary there addressing the subject of Lashon Hara
(please see that reference) that this (type of deceitful speech) is inclusive
of Avak Lashon Hara. (But it is possible to refute the proof brought
from the Yerushalmi (by arguing that is) comparable to what was said in
Gemara Babba Batra (164b) “Stop speaking Lashon Hara!” and there the
gemara concludes “one may not speak” was a reference to Avak Lashon
Hara). Therefore we are forced to say that what the Rambam wrote in the
beginning “so too one who expresses Lashon Hara in a joking way” he
considered this to be a reference to Avak Lashon Hara, unlike the opinion
of the Yad HaKetana. (Because if that was not so, the opinion of the
Rambam would be very difficult to reconcile, as initially (it would seem
that) he was referring to the subject of Avak Lashon Hara and then he
switches to speaking about the esur of absolute Lashon Hara and then he
switches back again to speaking about Avak Lashon Hara). In any case,
what we wrote above in the 3rd notation “remarks are Lashon Hara and are
forbidden by the Torah” is still within the confines of the law, that most
Authorities disagree with the opinion of the Rambam, as I have written
above in the 2nd notation of the Be’er Mayim Chayim. (Please see that
reference).

Mekor Hachayim

K3/6. Understand well that even if nothing harmful happens (6)

to this person who is the subject of Lashon Hara (the “victim”)
because (for example) the listener would not believe that Lashon
Hara or because of some other reason, nevertheless, the comment is
Lashon Hara and requires Kapparah. Moreover, even if the speaker
assesses beforehand (7) that nothing consequential will occur as
a result of his comment, nevertheless the comment is forbidden
because of its derogatory content.

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