Online Defamation

Online Reviews and Defamation: What to Do if You're Targeted

In Europe, the US, and Canada, over 87% of buyers check online reviews before making a significant purchase. But what happens if you leave a negative review and the business owner believes it to be false, defamatory, or malicious? What if they decide to take legal action? This is an area where we are frequently asked to assist, particularly with defamatory reviews or forum postings.

At the root of the problem is the false sense of anonymity many people believe they have online. As seen in cases like this one, we have successfully identified individuals behind defamatory posts. This can be achieved through various tactics, including pressuring forums to disclose information or using pretext to approach posters, gaining their trust to uncover their identity. The specific approach depends on the country, platform (such as forums, Trustpilot, Yelp, Google, or TripAdvisor), and circumstances. Regardless of the situation, there is almost always a way to bring the offending party to court or seek other forms of recompense.

Handling Defamation in the UK: A Case Study

In the UK, section 5 of the Defamation Act 2013 outlines potential defenses for forum or website owners when informed that content on their site is defamatory. The most common defense is claiming ignorance of the post. However, things can become uncomfortable for the site owner if the defamed party cannot identify the poster. In this situation, the defamed party may request that the website owner either identify the poster or delete the post.

If the site owner fails to take one of these actions, they could lose their defense of ignorance and potentially be held responsible for the defamation themselves. Once the site owner is formally notified of the defamatory content, they have 48 hours to inform the poster, asking them either to remove the post or to provide contact details. In many cases, forums will remove the poster to avoid the risk of further unidentified defamatory posts.

Once the notice is served, the site owner must wait five days for a response from the poster. If the poster ignores the notification or cannot be contacted, the site owner must delete the post. If the poster insists the statement should remain, the site owner could face a prolonged legal dispute. Additionally, the owner must ensure the post isn’t republished. We often find that site owners claim inactivity, but in many cases, we find ongoing posts from the defamer. This can lead to the site operator being viewed as complicit in the defamation.

When Forum Operators Are Liable

Things can escalate if it’s shown that the forum operator conspired with the poster. For example, we were involved in a case with a company manufacturing optical equipment. It was revealed that the forum operator was regularly communicating with a competitor and had personally posted negative content on other forums. Furthermore, he provoked forum members to post damaging statements.

When the case went to court, the operator was asked to justify two serious, untrue allegations. As a result, both the poster and the forum operator were held liable, ordered to pay substantial damages, and required to post corrections on the forum.

Defamation on Review Sites

Defamation can also occur on review platforms like Trustpilot. For instance, a UK law firm was recently embroiled in a dispute after defamatory reviews were posted on Trustpilot. As a result, Trustpilot has stopped accepting new reviews for the firm (source). This is just one example among many.

In the US, similar cases have emerged, as seen in a Colorado couple’s legal battle against a flooring company they negatively reviewed on Yelp. They incurred $65,000 in legal fees fighting the defamation suit (source).

Legal Landscape in the US

In the US, people often believe they can post anything under the protection of First Amendment rights. Unfortunately, it’s not that simple. In 2016, Congress passed the Consumer Review Fairness Act (CRFA) to protect consumers’ ability to leave honest reviews without facing penalties. However, the CRFA does not protect individuals who post false or malicious reviews, and business owners can still sue for defamation in such cases.

Other Remedies for Defamation

While pursuing the defamer in court is one option, there are many other remedies. These include holding websites, forums, hosting companies, and ISPs liable. Additionally, victims of internet defamation have at least seven other options to remove defamatory content. Depending on the jurisdiction, we know which routes will lead to quick results. Our goal is to avoid court proceedings, which can escalate costs rapidly. Instead, we aim to work with all parties to remove the offending material and prevent further escalation.

We’ve seen many cases where clients who issue legal claims for defamation find themselves caught in protracted and costly litigation. The longer defamatory content remains online, the higher the potential damages awarded by the court. In some cases, businesses may lose orders or have contracts canceled due to defamatory statements, which can significantly affect any damages claim pursued through the courts.

Conclusion

Whether your issue is in Europe, the US, or elsewhere, contact us for advice. If the material is provably false and defamatory, we can help you find a solution.