When Does a Negative Review Become Defamation?
You’re trying hard to build a successful business. You do your best to be pleasant and treat customers right. You feel like your goods and services are reasonably priced.
But you still got a negative review on Google. Among all the five-star reviews is that glaring one-star review from a disgruntled customer. It stands out like a sore thumb. It’s disheartening.
But what can you do? Should you delete the review? Can you sue?
It all depends. You may have options if there is defamation involved. Is the review actually truthful? Truth is the biggest defense when it comes to defamation. If the statement is true, it cannot be considered defamatory and there is nothing you can do about it.
In order to sue for defamation, there must be several key elements involved:
- False statement. The statement must be untrue and made as though it were a fact.
- This does not mean the statement must be actually published in a newspaper or other type of media. What this means is that the statement must be communicated to at least one person other than the business and the person who made the statement.
- Harm or damages. The statement must have caused actual harm to the business’s reputation, which can include financial losses.
Examples of Defamation in Business
Here are some examples of defamation in a business context:
- False online reviews. A competitor posts fake negative reviews about your business on Yelp or Google, claiming poor service or unsafe products without basis.
- False accusations to clients. A former employee tells clients that your business is involved in illegal activity, damaging your reputation and causing loss of customers.
- Defamatory statements in the media. A local news outlet publishes an unverified story alleging your business is under investigation for fraud when it’s not.
- Slander at networking events. A rival business owner verbally tells others at an industry event that your company steals intellectual property.
- Internal defamation. A manager spreads untrue rumors about a colleague within the company, harming their chances of promotion or damaging workplace trust.
- Social media reviews. Someone posts false complaints posted on social media platforms like Facebook or Twitter or professional networking websites like LinkedIn.
- False statements. A person makes false statements during media interviews or at industry events that falsely accuse a company of illegal activities or unethical behavior.
What to Do
It can be hard to resist fighting bad reviews, but for the most part, you should probably ignore them. There certainly are causes of action for defamation, but these are difficult to prove. You will definitely need experienced legal help in your corner.
While there is always a balance between free speech and defamation, the law sides with free speech. The First Amendments set a very high threshold for what speech is considered defamation.
Contact Us Today
A negative review can be frustrating. However, not all unfavorable reviews are illegal. Should you go to court or not?
Identifying defamation can be tricky. A Bradenton business litigation lawyer from Cahall Law Firm can help you understand your legal rights. Fill out the online form or call our office at (941) 281-2019 to schedule a consultation.
Source:
klemchuk.com/ideate/managing-negative-customer-reviews
