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That is context dependent on whether society considers you obligsted to tell the truth.
When you break something and asked if you broke it, but deflect to avoid telling the truth, then omitting the truth is a lie. Changing the subject when someone asks about the terrible food they made and the social expectation is that you avoid telling the truth by saying a 'little white lie', then it isn't.
Being silent when questioned the police isn't, becsuse of the expectation of a right to silence. Being silent when asked asked something under oath is, because of the expectation that you tell the truth under oath when asked questions. But if something isn't brought up while under oath, then it isn't because you are not supposed to volunteer things you aren't asked about.