Page 15 - Saddleworth (East) Connected - October 2018

CAN YOU WRITE A BAD REVIEW?
We’ve all suffered bad customer service, waited in for deliveries that have never arrived or reluctantly paid for inedible meals, but with the rise in online review forums and apps it’s never been easier to make our experiences public knowledge, even before we’ve left the restaurant. However, whilst leaving a review can be therapeutic, it can cause you even more problems, so, when is it okay to leave a scathing review?
Defamation: There are two main types of defamation ‘libel’ and ‘slander’. Libel relates to written, published and ‘permanent’ statements that damage someone’s reputation and slander relates to spoken statements. Therefore, an online review is capable of being libellous (and therefore defamatory) if the reputation of the ‘victim’ is adversely effected by the comments. However, under s.2-3 of the Defamation Act 2013 a reviewer could defend a claim for defamation if:
• They can prove that the statement is substantially true, or
• They can show that the comment was a statement of genuine opinion (i.e. a fair comment)
Whose version of the truth? Reviews are subjective and it is often hard to distinguish between a statement of opinion and a statement of truth. Further, having a legal defence to defamation will not prevent you from being sued. If the business owner at the end of your bad review decides to take legal action against you, whilst you may be in the right, your statement will be presumed to be false and it will be for you to prove what you said is true and that’s easier said than done. Proving it is going to cost you in both time and legal fees............defending defamation is
expensive, even if you win.
Malicious falsehood: This is the third, lesser known type of defamation relating to lies, said in malice by someone who knows the comment to be untrue (or didn’t care if it was true or not) and knows it is likely to cause damage or harm. Therefore, if you maliciously publish a false statement (such as an online review) that identifies an individual, their property or economic interests and can be shown to have caused them financial loss you are open to a being sued for malicious falsehood (sometimes in addition to a libel claim).
Avoid being sued Tell the truth, be fair and focus on what you have actually experienced and you are less likely to fall foul of defama- tion law. You are entitled to express your opinion but explain why you have that opinion and remember, that if your review is dishonest in any way and financially impacts on the business you’ve reviewed then it could be more hassle than it’s worth.
How to respond to a bad review Often the best way to deal with a bad review is to post a carefully worded response to the points raised and if necessary asking the reviewer to contact you to resolve the matter. Be professional and avoid aggression, defensiveness and threaten- ing legal action in a public forum as this will reflect badly on your business and a demand for removal may be taken as you trying to hide something.
Laura Campbell is a Solicitor at North Ainley Solicitors, Oldham. If you need advice on any disputes, business or personal, contact our Dispute Resolution Team 0161 624 5614
North Ainley is authorised and regulated by the Solicitors Regulation Authority. SRA Number 00058840.
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