Online reviews can make or break your business. Those with genuinely negative experiences of your business are entitled to leave bad reviews as long as the facts set out in them are true. Unfortunately, the system also offers unscrupulous individuals a tool to damage the reputation of a business if they have a vendetta. With sites such as Google, Facebook, and Trustpilot offering consumers a quick and easy way of making their experience of your business known to the masses, identifying and addressing reviews before they can cause irreparable harm is crucial.
In this guide for business owners, our business dispute solicitors discuss how business owners can address harmful reviews, both from a legal and non-legal perspective. They explain the laws that apply to reviews and describe the remedies that the courts can grant.
Contents:
- Why would someone leave a negative review?
- Can I take action against a person who has left a negative review?
- What steps should you take after you discover a negative review?
- What evidence do you need to remove a harmful review?
- On what grounds will a platform remove fake or harmful reviews?
- What is the process for removing fake or harmful reviews online?
- What are your options if the platform refuses to take down the review?
- What laws govern false and harmful reviews?
- Should I consider legal action against the person who posted the review?
- What are the remedies for defamation and malicious falsehood claims?
- Can I take legal action against the platform?
- Summary
Why would someone leave a negative review?
People can be motivated to leave negative reviews about your business for various reasons. Genuinely aggrieved people may take the opportunity to vent, with little concern for the potential ramifications on your livelihood. Unfortunately, reviews can be left for malicious reasons.
Some of the most common reasons for malicious or intentionally harmful reviews include the following:
To gain a competitive advantage
Competitors may post harmful reviews about your business to damage your profitability and bolster their own.
For revenge
People with a vendetta against you or your business, such as disgruntled ex-employees or ex-suppliers, may post fake and harmful reviews to try and cause you financial harm.
To increase their review’s impact
Consumers with genuinely poor experiences can post negative reviews about your business. However, those who feel particularly aggrieved may deliberately exaggerate their experiences or even lie to cause as much harm as possible.
Can I take action against a person who has left a negative review?
You cannot take legal action for defamation against reviews which are merely opinion (no matter how awful that opinion is), unless it can be said that the opinion contains or makes reference to a statement of fact. This is not a straightforward area of law and it will depend on each case. Some red flags to look out for when assessing whether you can take action against a review include the following:
The review is particularly short
Many fake/sham reviewers decide to leave short reviews since it is more difficult to spot errors and pick holes in reviews with fewer words. Whilst a fake/sham review may not be defamatory, you may be able to have it removed by the site on which it is posted. Reputable sites should not allow fake/sham reviews to remain in place and their own guidelines may specifically require them to be removed.
The review is generalised
Reviews that provide very few specifics about the goods or services they purport to relate to can indicate that all is not as it seems.
The user’s profile is suspicious
Few individuals involved in posting non-genuine negative reviews use their real names and photographs. Profiles with usernames featuring solely letters and numbers, and no profile picture can indicate that the user is not genuine.
The user has posted the same or similar reviews on numerous sites
Clusters of reviews posted on various platforms can indicate the user’s intention to cause as much harm as possible.
The user does not have a history of posting reviews
A review left by a user with no prior history of leaving online reviews may be motivated by reasons other than a genuine desire to record their experience. It could also be evidence of a fake/sham review.
The review includes made up facts or events
If the contents of the review appear to bear little relation to reality, it may be false. For example, if the user complains of defective goods but has not raised the issue with you directly, their motives for leaving the online review may be questionable.
What steps should you take after you discover a negative review?
Worryingly, consumers are more likely to head to a business’s negative reviews before their positive ones. You need to take decisive action to address negative reviews to minimise their impact on your business. The relevant steps will depend on the nature of the review, whether it is genuine, and the potential harm it might cause, but might include the following:
Respond to the review
Best practice is always to respond to a negative review in a reasonable, measured manner, even if you suspect it to be fake. Most consumers encountering a negative review read and take account of the business’s response before deciding about the product.
Responding to a review allows you to correct any untruths, take back control, and leave anyone reading it with a positive impression of your company’s commitment to customer care. Keep your reply concise and relevant so it holds the reader’s interest and avoids inviting further negative interaction with the user.
Encourage positive reviews to counterbalance the negative reviews
Flooding the review site with genuine positive reviews about your business can mitigate the impact of a few negative ones. You can encourage genuinely pleased customers to record their experience online.
Request the removal of a non-genuine negative review from the platform
Some review sites operate policies governing the material posted on them. Under Google’s ‘Fake Engagement’ policy, for example, reviews must reflect an individual’s genuine experience. If they do not, and if you report the issue, Google may remove them.
What evidence do you need to remove a harmful review?
Most platforms, including Google and TrustPilot, operate automated services for reporting content that contravenes their user codes. To request a removal, users must complete an online form, providing links to the offending review and details of why it flouts the site’s guidelines, which usually involves simply ticking a box from a predetermined list.
If the site accepts your request, it will remove the offending content. However, most platforms expressly state that they will not get involved in disagreements between users and consumers. Whilst completing an online form may seem straightforward, it is often anything but, and many users report significant flaws with the systems. A user’s inability to fully explain the situation and describe their legal position can significantly frustrate their efforts. Involving experienced solicitors like ours in the process often encourages the platform to speak to you.
On what grounds will a platform remove fake or harmful reviews?
Each platform’s policy on false reviews and the grounds on which it will remove them is unique. For example, Google’s ‘Fake Engagement’ policy covers ‘content that is not based on real experiences’. Trustpilot’s procedure, on the other hand, targets ‘harmful or illegal’ content and expressly includes defamatory material.
Removing genuine, lawful reviews can have severe consequences, so checking your facts before submitting a removal request is essential. Generally, people are entitled to their opinions, no matter how damaging, but they cannot make false statements.
What is the process for removing fake or harmful reviews online?
A general overview of removing fake or harmful reviews on key review platforms is set out below:
| Platform | Grounds for removal | Process |
| Fake Engagement, including content not based on real experiences. | Using Google Maps or Google search, find the review you wish to report. Tap ‘more’ or ‘info’ as required and select the type of violation you wish to report. Google reviews your request. If it accepts it, it will remove the review and may inform the poster. If you disagree with Google’s decision, you may be able to appeal. If the other party disagrees, they may be able to appeal. | |
| Trustpilot | Harmful or illegal, including defamation | Find the review you would like to remove. Click the flag icon. Select the reason for removal. Trustpilot reviews your request, requesting further information where necessary. If Trustpilot accepts that the review violates their policies, it will remove it. If the reviewer amends the review or sends documentation to support it, Trust Pilot may reinstate it. |
| Amazon | Profanity or harassment, including libellous, defamatory, and inflammatory content. | Find the review in question. Click ‘report abuse’ and follow the steps to submit your report. If Amazon agrees that the review contravenes its policy, it will remove it. |
What are your options if the platform refuses to take down the review?
If the platform refuses to take down the problematic review, you will need to explore the following options:
Non-legal measures
Business owners can take several steps in-house to tackle problematic reviews. They include the following:
- Responding to the review: Responding to the allegations made in the review allows you to address any untruths and protects your reputation.
- Contacting the poster directly: Contacting the poster directly to resolve the issue can rebuild your relationship with them and encourage them to amend or remove their harmful review.
- Asking customers to leave positive reviews: The odd negative review often is not disastrous. In fact, research has shown that consumers are sometimes suspicious of businesses with purely positive feedback. To lessen the impact of the harmful review, you could encourage consumers to leave positive feedback. Whilst offering incentives for consumers to do so, such as payment or discounts, can contravene a platform’s user policy, satisfied customers are often happy to share their experiences when asked.
Legal measures
Sometimes, the harm caused by negative reviews is so severe that you may need to use legal measures. This is particularly the case when the reviews are part of a malicious campaign engineered by someone bearing a grudge against your business.
If the other party’s actions are unlawful, your solicitor could send a ‘cease and desist’ letter insisting they remove the fake reviews to avoid legal action. Often, receiving a letter from a solicitors’ firm can highlight the gravity of the matter and encourage the other party to remove the review and deter them from posting any more. If they persist, you may need to consider Court proceedings.
What laws govern false and harmful reviews?
Usually, Court proceedings in relation to fake reviews are based on the laws of defamation or malicious falsehood.
Defamation and Malicious Falsehood
Both defamation and malicious falsehood can apply to fake, harmful reviews, but the laws operate differently.
To make a defamation claim, you must satisfy the following requirements:
- The statement was published to a third party: This should not be difficult to prove since review sites are generally available to the world at large.
- The statement is false: The statement must be factual or linked to a factual statement, rather than merely opinion. The statement of fact must be untrue or create a false impression on the reader.
- The review caused you serious financial loss: To be defamatory, the statement must have caused or be likely to cause your business ‘serious financial loss’. Examples of what might constitute ‘serious financial loss’ include a downturn in sales, or a loss of customers.
To make a malicious falsehood claim, you must satisfy the following requirements:
- The review was published deliberately to a third party: Posting a review online should constitute deliberate publication.
- The review must not be true: As its name suggests, malicious falsehood only applies to false statements.
- The review was made with malicious intent: Unlike in a defamation claim, the other party must have posted their review with malicious intent. Essentially, they must have expressly intended to harm your business’s interests.
- The review has caused you financial loss or was calculated to do so: You must prove that the review has caused your business to suffer financial losses or that the poster intended it to do so.
Depending on the circumstances, your case might fall within the remit of defamation, malicious falsehood, or both. To succeed in either, you must be able to establish actual or probable financial loss. Malicious falsehood claims are usually more difficult to prove than those based on defamation, but it might be tactically preferable to pursue one rather than the other.
Should I consider legal action against the person who posted the review?
Commencing court proceedings should always be a last resort. Both defamation and malicious falsehood are incredibly complex laws and proving them in court relies heavily on producing compelling evidence. As a result, court claims can be lengthy and expensive.
Your reputation is crucial to your business’s success, and litigation is sometimes simply unavoidable to protect it. A key benefit to litigation is certainty. A Judge’s decision is binding and can be enforced against the other party should they refuse to comply. A Court Judgment can also deter others from posting fake and harmful reviews about your business.
Given the complexities of the law, the extensive evidence required, and the high stakes involved, seeking legal guidance from experts like our business dispute solicitors is crucial.
It is important to note that taking legal action does not necessarily mean you will end up in Court. Correspondence normally occurs before court proceedings and the vast majority of cases are resolved that way; little focuses someone’s mind on an issue more than the threat of being sued for it, and most defamation and malicious falsehood claims are settled through negotiations between the parties’ legal advisors or alternative dispute resolution methods such as mediation. Our business dispute lawyers are expert negotiators and frequently negotiate settlements mirroring what a Judge would have awarded, without them having to endure the time and expense of a trial.
What are the remedies for defamation and malicious falsehood claims?
If you succeed in a defamation or malicious falsehood claim against the poster of fake or harmful online reviews, the Court may award you the following remedies:
Damages
You may be awarded damages to compensate you for the financial losses caused by the review.
Injunction
An injunction is a form of Court order prohibiting the subject from carrying out certain acts. If they flout the injunction’s terms, they may be held in contempt of Court and potentially imprisoned.
Apology and Statement in Open Court
Many business owners are keen to receive an apology from the poster of the review. You might be content with a private apology, or you may wish for it to be made public, in which case it is usually given by way of a Statement in Open Court.
Can I take legal action against the platform?
Since defamation involves the publication of a defamatory statement, the question arises of whether the platform itself could be held liable for publishing the defamatory review.
Website operators generally have a defence to defamation claims if they can prove they did not post the content. In cases involving user reviews, this defence usually stands, since the user posted the content.
Despite this the defence might be defeated in the following circumstances:
- You cannot identify who posted the review.
- You gave the platform a notice of complaint.
- The platform did not respond to your complaint in the manner required by the regulations.
In practice, platforms can and sometimes do remove a defamatory review on receipt of the appropriate notice to avoid becoming embroiled in legal proceedings. Our business dispute lawyers will prepare the notice for you, ensuring it complies with the applicable legal requirements. If the platform does not adhere to its obligations, they will advise you on the next steps.
Summary
The emphasis consumers place on online reviews cannot be overstated. Positive reviews can significantly boost your reputation and, in turn, your commercial success and profitability. Conversely, the impact of negative reviews can be disastrous. Whilst you cannot prevent consumers from posting genuine reviews about your business even if they are negative, you have a range of tools at your disposal to use against unscrupulous individuals seeking to damage their commercial interests by posting fake, harmful reviews.
Sometimes, submitting a removal request to the relevant platform can successfully address the issue. Other times, a more far-reaching approach is required to safeguard your reputation, utilising a combination of legal and non-legal measures. Our business dispute lawyers will review the circumstances of your case and devise a strategy that deals with the issue and preserves your reputation as swiftly and cost-efficiently as possible.
