Google and Trustpilot are reputable platforms widely used by businesses to promote their goods or services using first-hand customer reviews. While most reviews are legitimate expressions of opinion, some can cross the line into defamation, causing serious reputational and financial harm. This article considers effective ways to handle negative and false reviews.
Is the review defamatory?
The first step is to check whether the review is potentially defamatory. People are generally entitled to express opinions, but it is important to distinguish these from reviews that state or imply factual allegations. For example, accusing someone of dishonesty, criminal behaviour or serious professional misconduct carries a higher risk of reputational harm. In England and Wales, a defamation claim must show that the statement has caused, or is likely to cause, serious harm to the claimant’s reputation. Where the claimant is a business trading for profit, the business must show serious financial loss resulting from the statement.
Preserving evidence
Another measure is to take immediate steps to preserve evidence. It is important to keep a record of the review including the wording, date posted, star rating, reviewer profile, and the URL, as reviews can be edited or removed at any time. It is also practical to gather evidence of the impact such as lost enquiries, cancellations, or instances where customers refer to the review when deciding not to proceed. This evidence is vital for complaints to the platform and any later legal action.
Do I respond publicly?
Decide whether a public response is appropriate. If you do reply, it is advisable to keep it brief and professional to reassure future readers and avoid repeating the allegations or getting drawn into a back-and-forth exchange. Where a review makes serious allegations, it is better not to engage publicly and instead focus on seeking removal and taking legal advice. A sensible approach would be to state that you take the matter seriously; you cannot identify the reviewer from the information provided but are willing to invite them to contact you directly so you can investigate.
A further option is to use the reporting tools on Google and Trustpilot platforms to flag reviews that breach their guidelines. Examples of this includes fake reviews, harassment, hate speech, impersonation, or unlawful content. Your complaint should link to a specific policy breach and explain briefly why the review is false or not a genuine experience.
What happens when the reviewer cannot be identified?
Where an online review makes a serious allegation and the reviewer can be identified, it may be appropriate to send a formal cease and desist letter seeking removal of the review, or a correction, and an undertaking not to repeat the allegation. If the reviewer is anonymous, reasonable tracing steps can be taken to identify them, while considering proportionality and cost.
Defamation claims have a one-year limitation period. This means an individual seeking to challenge a potentially defamatory online review has one year to bring a claim from the date of publication, so it is essential to act fast and strategically to limit reputational damage.
Nath Solicitors are a leading boutique law firm with over 30 years’ legal experience. We provide expert advice on defamation. If you need assistance, please call us today on 0203 983 8278 or email us at enquiries@nathsolicitors.co.uk.