1. It is forbidden to talk lashon hara, either in secret or in the presence of the subject of one’s conversation. In some cases, it is worse when talking in the subject’s presence as this can cause him embarrassment and can lead to strife.
2. Talk that can be interpreted either in a positive or negative light, if it said in a way that one would feel comfortable repeating it in front of the subject, it is permitted, as this is a sign that it was meant in a positive light. However, if it is mentioned in a way that reflects negatively on the subject, it is forbidden, even when said in his presence.