Lawyer’s ‘sue’ warning to anyone leaving bad reviews online
People need to be careful when leaving online reviews, as a rant could land them in trouble. Lisa Webb, a senior lawyer and consumer expert at Which?, claims that customers could face legal action for their online opinions.
She said: “Leaving a bad review could actually get you sued. We’ve heard from consumers who have been threatened with court action for leaving negative reviews.”
She added: “It’s a tactic used by some businesses to bully people into deleting or changing their reviews online that usually involves threatening to sue you for defamation. But the law in the UK is clear, a review about a company can only be considered defamatory if it causes serious financial loss.”
Lisa claims that meeting that threshold for a big company is “hard to achieve”. But, for a small independent business, she said that just one review “could be enough”.
How to protect yourself and still give an honest review
Before you hit send on that scathing review, there are some ways to protect yourself from your own opinions. Under the Defamation Act (2013), you cannot be successfully sued if your review is deemed an “honest opinion” and facts that are “substantially true”.
Which? suggests that customers should keep all evidence of their experiences and interactions with the company, including receipts, screenshots and purchase confirmations. Lisa said: “If you can’t prove it happened, don’t post it.”
When writing your review, don’t be dramatic and sensationalise your version of events. Avoid including personal details (like staff names) in a public-facing review, as this opens people up to legal complaints.
Using a fake name does not grant you immunity. If a business claims they have suffered severe financial loss from a defamatory review, they can pursue court orders to unmask your identity.
What to do if I am being threatened over a review
Defamation lawsuits in the UK must be filed in the High Court and typically cost thousands of pounds to pursue. In most cases, an informal threat to bring you to court is a scare tactic to get people to delete the review in question.
If you receive a formal letter from a legitimate law firm detailing pre-action for defamation, do not ignore it. Seek free, independent advice from Citizens Advice or consult a solicitor.
Lisa said: “Here’s the bit most people don’t know. If a company threatens you about a review you posted more than a year ago, you can breathe.”
The legal expert says that, under the law, defamation claims “come with an expiry date” and that courts generally won’t allow a case to be made against you based on an old review. The ‘trap’ comes from any alterations or new reviews posted, as the timer on the business’s window to sue you will restart.
