A legal expert has cautioned that leaving a negative online review could potentially lead to a lawsuit. Lisa Webb, a senior lawyer and consumer specialist at Which?, warns that businesses may threaten court action over critical feedback.
The Risk of Defamation Lawsuits
In a recent statement, Webb explained that some companies use the threat of defamation to intimidate customers into removing or altering their reviews. Under the Defamation Act 2013, a review is only considered defamatory if it causes serious financial loss. For large corporations, meeting this threshold is difficult, but for small independent businesses, a single review could be enough to trigger legal action.
How to Write a Safe Review
To avoid legal trouble, Webb advises using phrases like "in my opinion" to clearly indicate that the review is an opinion. Additionally, ensure all facts are substantially true and backed by evidence. Which? recommends keeping receipts, screenshots, and purchase confirmations. If you cannot prove an event occurred, it is best not to post about it.
- Avoid exaggeration or dramatic language.
- Do not include personal details such as staff names in public reviews.
- Using a fake name does not protect your identity; courts can compel platforms to reveal it.
What to Do If Threatened
Defamation lawsuits in the UK must be filed in the High Court and typically cost thousands of pounds. Most informal threats are intimidation tactics. However, if you receive a formal letter from a law firm, seek advice from Citizens Advice or a solicitor.
Webb also noted that defamation claims have an expiry date: if a review was posted more than a year ago, courts generally will not allow a case to proceed. However, editing or posting a new review resets this clock.
