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Can Posting Online Reviews Land You in Legal Trouble?
The short answer is, yes, legal trouble is possible if you post online reviews. Online reviews and legal trouble are not two things you readily associate with each other. However, as people have the propensity to let loose on the Internet, it was just a matter of time before liability was attached to statements people make online. Let’s dig deeper to understand why, when, and how.
Online Reviews and Its Importance
An online review is the feedback of a past or current customer regarding a product or service they received. Online reviews can be positive, neutral, or negative, and business owners will naturally want all positive Google reviews. Consequently, most businesses will do what they can to make sure their customers are happy.
Given the risk of negative reviews, why do businesses put such a premium on online reviews? They make it a practice to encourage clients to post online reviews because it benefits them in several ways.
Brands with many reviews tend to rank higher in searches, helping their visibility. Online reviews can also help them generate more revenue. For example, positive reviews for a restaurant on Yelp caninfluence 90% of people looking online for somewhere to eat.
However, what online reviews “giveth can also be taketh away.” Negative reviews can seriously harm a brand’s reputation. Even asingle negative review can significantly impact buying decisions, especially for older adults. Such influence can lead some people to post negative reviews even when it is not warranted.
Reviews and Legal Trouble: Can I Be Sued For Posting Online Reviews?
There is nothing inherently wrong with posting online reviews. It comes under the freedom of expression protected under Section 2(b) of theCanadian Charter of Rights and Freedoms. However, that freedom has “reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” In other words, you can say whatever you want when posting reviews if you are not contravening any other law.
As such, a business can sue you for posting negative online reviews if it can prove that your review constitutes defamation, which is a criminal act underSection 298 of the Criminal Code(R.S.C., 1985, c. C-46) of Canada. It defines defamatory libel as any published false statement “that is likely to injure the reputation of any person.”
Ontario’sLibel and Slander Act(RSO 1990, c L.12)further addresses defamation as the publication of malicious content “issued for the information of the public.” It has provisions for bringing a civil action for defamation within three months of finding out about the alleged defamatory online review. A landmark case for this is Zoutman v. Graham, 2019 ONSC 2834.
On the other hand, Ontario’s anti-SLAPP (Strategic Lawsuits Against Public Participation) provisions underSection 137.1 of Courts of Justice Act (RSO 1990, c C.43, s 137.1) can be your friend. If you can prove that your online reviews “relates to a matter of public interest,” then your lawyer can request for a dismissal of the case by filing a motion under theRules of Civil Procedure(RRO 1990, Reg 194).
However, the motion may not always succeed. If the business suing you can show that the case has merit and that the resulting harm, from your review, is such that it is in the public interest to allow the litigation to proceed, then you have no valid defence for your bad review. Those are admittedly high bars for the plaintiff, but some have succeeded in reaching them.
Components of Online Defamation
The general definition of defamation is the release of any false reviews or statements spoken (slander) or published (libel) that results, or is likely to result, in harm to someone’s reputation. A law firm may define online defamation as any content on a public platform likely to be seen by at least one person, not including the author of the statement and the person against whom the statement was made. Below are components of online defamation.
Publicly available
The content is accessible to people aside from the plaintiff and the defendant. Even if just one person sees the online review, it satisfies this component of defamation.
False
The statements are substantially untrue, dishonest, and malicious. If the comments are true, they may qualify as free speech and not constitute defamation.
Not an issue of public interest
The reviews serve no purpose to benefit the public, such as providing an honest opinion or fair comment about a business, product, or service. If the reviews provide useful or necessary information to protect other people frompersonal injury, i.e., dangerous products, then a defamation lawsuit might not have merit.
Negative Impact of Online Defamation
Loss of Job/Income
Many employers can legally do pre-employment screening byrunning social media background checks. Malicious and false statements or images (i.e.,deepfakes) on your online profiles can give a prospective employer the wrong idea about you and disqualify you for a position.
Humiliation
Most people tend to believe what they read or see online, and therefore, damaging statements can humiliate you and your family even if they are false or misleading. While you can defend yourself, the damage has already been done.
Mental Anguish
Online defamation often targets deeply personal or important aspects of your life. Defending yourself on a public platform often leads to significant mental and emotional stress.
Loss of Reputation
If you have a business, you know how long it takes to build trust with your clients. Online defamation can strike that down in one blow, and often you cannot quickly or fully recover from the loss of your brand’s reputation.
Everyone has freedom of speech, but there’s a thin line between truth and derogatory online remarks. Diamond Law is here to help! Call us now!
Pro Tip
Know your rights! Online defamation is something that you should not ignore. You can sue someone, or somebody can sue you for it.
– Diamond Law
Got Online Reviews and Defamation Issues? Call Diamond Law Today.
Online reviews are a privilege and a responsibility. As a consumer, you have the right to express your views on a product, service, or business, especially if it serves the public interest. However, you need to be honest, fair, and factual. That is the best way to avoid legal trouble.
If you still find yourself a subject of legal action because of your online reviews, callDiamond & Diamond for legal advice. We are experienced lawyers on both sides of personal injury lawsuits with offices in Ontario, Alberta, and British Columbia.
Diamond and Diamond Lawyers can defend you in a defamatory libel lawsuit, perhaps even have it dismissed early with an anti-SLAPP motion.Get a free case evaluation today so we can set the wheels of justice in motion as soon as possible.
FAQs on Can Posting Online Reviews Land You in Legal Trouble
How do I report defamation of character on Facebook?
Facebook provides a form to fill up for reporting content that you believe is a defamation of character.Go to the Defamation Report Form page and provide the necessary information to report the post or posts. Your lawyer can also do this on your behalf, which is often preparatory to filing a defamation lawsuit.
Can I sue for defamation on Facebook?
Yes, provided you can prove that the statement about you was false, caused injury to your reputation, and is not privileged. Consult a personal injury lawyer for the steps to filing a defamation lawsuit for content on Facebook or other social media platforms.
Can a Google review be traced?
Yes, your review can be traced back to you even if you leave it anonymously. Google can see your IP address, which will lead to your physical location. However, you can mask your IP address by using a Virtual Private Network or VPN, which would prevent Google from detecting it.
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