Legal When is a Google review considered defamatory?Catherine Ballantyne July 17, 2019 Madgwicks Lawyers special counsel Catherine Ballantyne. Source: supplied. Bad Google reviews can make or break a business, with a single negative comment enough to turn away a potential customer or client. With some reviews being snarling, negative attacks, it raises the question of whether such a public display of negativity is defamation. So, when is a Google review considered defamatory? What is the line between someone sharing their honest opinion in the review and that review becoming defamatory? What is defamation?Defamation occurs when a statement is published (and is seen by at least one person) and could be considered to have lowered the reputation of the mentioned person or business in the eyes of the public. Google reviews are therefore ripe for defamation claims, with negative reviews often viewed by multiple people online, which can have a considerable effect on the reputation of the reviewee. Get business news firstSign up to SmartCompanys daily newsletter Email Address Subscribe You'll also receive messages on behalf of our partners. You can opt-out at any time. Who can make a claim for defamation?Not everyone can claim they have been defamed. The only parties who can commence a defamation action are:
If the review was not made against one of these types of people or businesses, it is not possible to start a defamation claim. It is important to note a person or business does not need to be specifically named in the Google review for it to be defamatory. The person only needs to be identifiable by the description in the review, such as the Prime Minister of Australia, the owner of the local McDonalds or the shoe shop on Smith Street. It may also be defamatory if there is a reference to a class of people. For example: All the shop assistants at shop XYZ are . Are there defences to defamation?Yes! The two most common defences are truth and honest opinion. Truth defence If the claims made in the Google review are true, you cannot claim defamation. This is a complete defence to any allegations. Honest opinion defence A person is entitled to publish an honest opinion in their Google review and this cannot be considered defamation. If the person writing the Google review honestly held the opinion and this opinion is based on truth, this is a defence against defamation. Honesty is crucial it doesnt need to be proven that the opinion was correct, only that it was genuinely held. However, even if this honest opinion defence is established, it can still be overcome and the Google review considered defamatory ifit can be shown:
ConclusionIf you believe you have been defamed on the internet or social media, you should seek legal advice on the merits of your claim as soon as possible after the material is published. Often, a letter from a lawyer putting the offending parties on notice is sufficient for the removal of the review. NOW READ:Can you be sued for what other people write on your Facebook page? NOW READ:Childcare business ordered to pay $237,000 after defaming former employee Handpicked for youPlus exclusiveHow one of Australias fastest growing brands used Instagram to reach international successWe examine how Anna Ross of Kester Black has harnessed Instagram to grow a global audience, unpacking her influencer, content and campaign strategies. Plus exclusiveHow to slash your cost per lead on Google AdsIs your dollar working as hard as it can be on Google Ads? With these tweaks, you can improve your results to generate more leads with the same budget. COMMENTSSubscribe Notify of Label Name* Email* Label Name* Email* 3 Comments Oldest Newest Most Voted Inline Feedbacks View all comments Kishor Lalwani 10 months ago great info, can google be included in the defamatory action since they are the publsher -1 Reply Chris 8 months ago Reply to Kishor Lalwani No. Now look for an honest line of work. -1 Reply Kristen 3 months ago My interest was piqued after reading the reasons why a review on Google could be considered legally defamatory. I would like help finding resources such as a lawyer who specializes in this type of issue. Please let me know thank you! 1 Reply |