Negative online reviews: Where does a ‘brutally honest’ opinion end and defamation begin?
Source: Straits Times
Article Date: 29 Jun 2024
Author: Haridas
Defamatory statements are generally those that are both false and damaging to a person or business’s reputation.
When TikTok user Gunbuttock left a “brutally honest” review of a Kampong Glam Ramadan Bazaar food stall in March 2024, he received a cease-and-desist letter from the business owner’s lawyer, claiming the review was defamatory and posed “a major threat” to the stall’s reputation.
Lawyer Viveganandam Devaraj, who specialises in defamation and civil litigation, said a growing number of consumers who leave negative online reviews for businesses have been hit with legal letters claiming such statements defamed the firms.
This is possibly because some people post scathing reviews thinking they can hide behind the anonymity of an online account.
“This is far from true. We’ve had clients seek court orders against companies such as Google for them to disclose the identity of the review writer,” said Mr Devaraj, who is the managing director of local law firm Lions Chambers LLC.
Defamatory statements, which are generally those that are both false and damaging to a person or business’ reputation, can open the reviewer up to legal action.
In 2020, an interior design company here won a defamation suit on appeal against its clients over their online reviews expressing their dissatisfaction with renovation work at their new condo apartment. The firm claimed that the couple’s false accusations that it was “wholly incompetent”, among others, led to losses.
In Nigeria, a woman who said on Facebook that a brand of canned tomato puree was “pure sugar” and “killing people” in 2023 was charged with two crimes, including conspiring with others with the intention of instigating people against the food company. The brand’s chief executive also sued her for damaging his business, claiming several suppliers cut ties with the company following her remarks.
Here’s the gist of what you need to know before posting online reviews.
What constitutes a defamatory review?
In the context of reviews, defamation can include false statements about a business’ products, services or conduct that are likely to deter others from doing business with it.
Mr Nicholas Leong of Nine Yards Chambers LLC, which specialises in local and international dispute resolution, shared that there is a legal test for what constitutes defamatory content. He said that a statement is considered to be defamatory if:
- it lowers the reputation of the individual or business of which the negative review is targeted towards in the estimation of right-thinking members of society generally;
- it causes the negatively reviewed individual or business to be shunned or avoided;
- or it exposes the individual or business to hatred, contempt or ridicule.
An example of a review that might land you in hot water: “All the food at XYZ Restaurant is contaminated and unsafe to eat, and chef Johnson is completely unqualified and negligent, and wants to send customers to hospital or the grave.”
A business or individual, such as the company’s owner, can claim that statements in a review are defamatory by asserting that the statements are false, damaging to its reputation, and made with malicious intent.
It may seek legal action to protect its reputation and seek damages for any harm caused.
If I have to be so guarded, how can I share my genuine negative review but not get sued?
You can express your honest opinions and experiences while minimising the risk of legal repercussions. Balancing your thoughts with mindful language helps avoid potential defamation claims.
Mr Leong said that there is no fixed template for phrasing reviews that guarantees immunity from potential lawsuits. However, two ways to reduce the risk include:
1. Clearly indicating opinions: Frame your statements as opinions rather than facts. Using phrases like “in my opinion” helps clarify that you are sharing a personal view. For example:
Instead of saying: “The food at this restaurant is terrible and unsanitary.”
Say: “In my opinion, the food at this restaurant was not up to my standards and seemed unsanitary because...”
2. Ensuring factual accuracy: Take the legal principle that “truth is a complete defence against defamation claims” as your starting point. Make sure what you state in your review is accurate and can be substantiated. Avoid making unprovable claims or broad generalisations.
Instead of saying: “All the meat served here is burnt.”
Say: “The food I was served was burnt, which made me angry because I expected better standards for the price I’m paying. I found that every piece of meat served to my table was charred.”
It is also best to have an accompanying photograph of the burnt meat to back that up, said lawyer Nichol Yeo, the director of Nine Yards Chambers.
I left a bad review of an establishment and the owner has lawyered up. What can I expect?
Mr Leong said a cease-and-desist letter, which is a legal notice sent to demand someone to stop doing something, is usually sent as a precursor to a defamation claim.
The notice usually specifies the content considered defamatory and why.
In general, the notice would demand that you retract your entire review. In other instances, you may be told to edit your statement to remove an incendiary portion, and/or issue an apology.
“If the recipient of the cease-and-desist letter complies with the demands set out in it, it will not then be necessary to start the defamation claim,” added Mr Leong.
What should I do if I receive a cease-and-desist notice?
It is best to reassess your review and talk to a lawyer, said Mr Devaraj. If your lawyer advises that your review might be defamatory, your next step is to accede to the demands stated or negotiate.
Complying with the demands and paying any damages, if applicable, is the quickest way to resolve the issue.
On your lawyer’s advice, you may also negotiate the demands listed in the notice. For instance, misunderstandings or factual disputes could be clarified. Offering explanations could sometimes reduce the severity of the demands made.
On the other hand, if your lawyer advises that your review was not defamatory but a genuine review that can be substantiated – or if you insist on disregarding your lawyer’s opinion – you may choose to reject the legal notice received.
If you refuse the legal demands, you should prepare for court. This option involves significant time and monetary costs due to the ensuing legal process.
Because it is also expensive and time-consuming for aggrieved parties to take the matter to court, not all of them may pursue this route.
Mr Devaraj said that he tries to convince his clients which are the businesses to settle disputes like this outside the court due to the huge costs and time involved. However, some businesses still insist that a legal notice be sent to the reviewer.
In Gunbuttock’s case – which had gone viral after the stall owner and netizens engaged in a war of words in the comments on his first post – the TikTok reviewer posted the legal notice that he was served. In defiance of the letter’s demand that he issue an apology, he wrote: “How can leveraging power to silence someone, simply because of a disagreement with their opinion, be justified?”
He has not posted on further development to the disputes, and his review is still on his TikTok account.
What are the estimated costs involved if the matter goes to court?
In court, the claimant must prove that a negative review constituted defamation to win the case.
Mr Devaraj said that legal costs can rise depending on the complexity of the matter, the level of court that would be handling the case, the case’s duration, and the fees paid to lawyers.
Based on his experience, both the claimant and defendant can each expect to pay between S$4,000 and $5,000 if the matter is resolved through negotiations.
Costs can reach anywhere from S$45,000 to $150,000 if the case is escalated to the court. In some cases, the judge may rule that the unsuccessful party has to bear the legal costs of the other party.
What other advice do lawyers have about posting negative reviews?
If you are leaving a genuine negative review, remember to leave emotions out when writing and keep it factual.
Mr Devaraj said: “Think before you post. The single review that you post can lead to expensive legal battles, then you have to anxiously wait for your lawyer’s response and the outcome in any court proceedings. There is nothing valuable in writing negative reviews.”
Mr Leong said: “Think before you post negative reviews because it could cost you. Sleep on it and post it the next day.”
Source: Straits Times © SPH Media Limited. Permission required for reproduction.
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