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Best response to false and defamatory online reviews

False or defamatory reviews can cause serious harm, which raises important questions about the limits of free speech in online reviews and how both parties can protect their rights.

The impact of defamatory online reviews on small businesses

Which businesses are most at risk of receiving negative Google reviews

Online and e-commerce businesses

What is the balance between free speech and defamation

Can internet users exaggerate in an online Google review

What to do if you receive an unfair negative Google review

The impact of defamatory online reviews on small businesses

Are you a small business owner? Then you will know about the impact Google online reviews can have on your business. Google reviews have become an integral part of consumer decision-making. People read online reviews before making purchases or choosing service providers. Reviews can make or break a business's reputation, leading many businesses to prioritise customer feedback as part of their marketing strategy. Many customers, when making decisions about which company they would like to purchase from or instruct, look at the Google reviews straight away.

Imagine you run a small café in London, pouring your heart into the business. One morning, you check Google and find a scathing review accusing you of using out of date milk in your lattes! You know it’s untrue, but potential customers might believe it and choose another café instead.

This is the reality for many business owners. Free speech is a fundamental right, but it does not extend to making false, harmful claims without consequence. Online platforms have given everyone a voice, but when that voice is used irresponsibly, businesses and individuals can suffer significant harm. Google’s reluctance to remove false and damaging reviews raises serious questions about where free speech ends and defamation begins.

Which businesses are most at risk of receiving negative Google reviews

While all businesses rely on their reputation to some extent, our experience tells us that certain industries are more vulnerable to negative Google reviews, especially those where customer satisfaction is subjective or expectations are high. If your business is in one of the industries below, then you are at the higher risk zone for negative online reviews.

Hospitality and food services

Restaurants, cafés, and hotels frequently receive reviews that can make or break their reputation. A single bad review about food quality, cleanliness, or customer service can significantly impact business. Would you go to a café like the one above that had reports of serving its customers outdated milk?

Healthcare and cosmetic services

Dentists, private clinics, beauty salons, and cosmetic surgery providers often receive highly personal reviews. When clients are unhappy, they may exaggerate or misrepresent their experience, which can be especially damaging if it suggests health risks or professional negligence. However, just because a customer is unhappy with the results does not mean the clinic provided substandard care.

In industries where services are personal and results are subjective, dissatisfaction is common. Clients may perceive a lack of care or poor service simply because the outcome did not meet their expectations.

Home improvement and tradespeople

Builders, plumbers, electricians, and contractors often receive reviews that reflect how customers feel rather than what truly happened. Clients may leave negative feedback when a project runs late or costs more than expected, even if the work is of high quality. People sometimes focus on delays or extra expenses and overlook the effort put into the work.

It is important to note that many aspects of these projects are subjective. Customers have their own ideas of how things should be done, and they sometimes request changes or modifications during the project. These adjustments can lead to extra costs or delays, even when the work meets professional standards. A negative review may simply capture a mismatch between expectations and the agreed changes, rather than an indication of poor workmanship.

Online and e-commerce businesses

Companies selling products or services online are frequent targets of fake or misleading reviews. Competitors, dissatisfied customers, or even people who never made a purchase may leave damaging comments. In competitive markets, this can have serious financial consequences. Would you buy from an online business that had bad reviews? Because these industries rely heavily on trust and reputation, businesses must be proactive in monitoring reviews and taking swift action against misleading or harmful content.

What is the balance between free speech and defamation?

Free speech allows individuals to express their opinions, but the law draws a line when those opinions cross into defamation. Defamation occurs when a false statement is made that damages the reputation of another person or business.

In the context of online reviews, this can include making untrue allegations about illegal or unethical practices or exaggerating negative experiences to intentionally harm a business. Consider a scenario where a customer leaves a review saying, “The worst customer service I have ever experienced in my life; this company scams people!”.  The phrase “worst customer service” is clearly subjective and falls within free speech/ honest opinion protections. However, the claim that the business “scams people” implies fraudulent activity, which is a factual assertion. If untrue, would be deemed defamatory. In the UK, the Defamation Act 2013 provides defences such as the honest opinion and substantial truth (as opposed to complete truth), which allows reviewers to express opinions based on factual experiences. However, if the review contains false assertions presented as facts, the review might be considered defamatory.

Can internet users exaggerate in an online Google review

The line between a strong opinion and defamation is not always clear. Some statements, even if harsh, may be protected as free speech. But when does an opinion cross the line and become legally defamatory? Criticism is allowed, but making false claims that cause real harm is another matter. Saying, "The builder was slow, and I wouldn’t use them again," is a personal opinion. However, writing, "This builder is a con artist who takes money and never finishes jobs," is a serious accusation that suggests dishonesty.

If that claim is untrue, it could be defamatory. English defamation law includes the defence of substantial truth, meaning a statement is not defamatory if it is mostly true, even if minor details are inaccurate. This is crucial when dealing with online reviews. A customer can lawfully say, "The project ran over budget by thousands," if there is evidence that extra costs arose. But if they claim, "This builder deliberately overcharges and scams customers," without proof, the builder could take legal action.

A common issue in trade work is that projects often change during construction. Customers frequently request modifications, which can lead to delays or extra costs. A review blaming a contractor for missing deadlines or adding unexpected charges, without mentioning that the customer asked for changes, may misrepresent the situation. If such a review accuses the contractor of dishonesty, it could be legally questionable.

A real example of this occurred when a wedding dress shop sued a bride who claimed in a review that she had been "stitched up" and the shop was fraudulent. The court found that her review suggested criminal wrongdoing without evidence, making it defamatory. Similarly, a private dental clinic faced an online review stating, “This clinic is a scam; they charge for treatments that don’t happen and use unsafe equipment.” The clinic, which had a flawless inspection record, was able to prove these claims were entirely false.

There is a big difference between expressing disappointment and making baseless accusations. If a review suggests criminal activity, fraud, or professional misconduct without evidence, it may not just be unfair—it could be legally actionable.

What to do if you receive an unfair negative Google review

If your business gets a negative Google review first, take a step back and assess whether the review is a genuine complaint or if it contains false statements that could be damaging. Google allows businesses to respond to reviews, which provides an opportunity to explain any defects or incidents.

If the review is an honest opinion, responding professionally and addressing concerns might actually benefit your reputation, as it demonstrates good customer service. If the review is posted anonymously, identifying the customer can help tailor your response and potentially resolve the issue. However, if the review is defamatory, misleading, or fake, you may have legal options to challenge it. Google’s content policies allow businesses to flag reviews that violate guidelines, but enforcement is inconsistent. In some cases, these mechanisms are insufficient, and harmful reviews remain online, lingering like dark clouds over your reputation. The best way to counter a negative review is to reach out to the reviewer directly.

This is why identifying the author can be valuable, as it allows you to resolve their concerns amicably. If friendly communication does not work, you can instruct Cohen Davis Solicitors to write to them with a legal defamation letter of claim. Taking swift action can prevent further reputational damage and ensure that your business is not unfairly targeted by false or malicious reviews.

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