Can you sue for a false online review? Yes, you can! However, the online review must be considered defamation. What is defamation? Defamation is the act of communicating false statements about a person that injures the reputation of that person. In order to recover for defamation, a plaintiff must prove that the defendant: (1) caused injury to the plaintiff (2) by making false, defamatory statements (3) of or concerning the plaintiff (4) that were published to a third person. There are two categories of defamation: (1) Libel, written defamation; and (2) Slander, spoken defamation. Online reviews fall into the libel category.
For a deeper dive into defamation law, including examples of libel and slander and how North Carolina law applies, check out another King Law blog: Defamation: Understanding Libel, Slander, and NC Law.
Can a Bad Online Review Be Defamation?
The first element of defamation is injury to the plaintiff. To establish harm in the context of a false online review, the plaintiff must show that the statement caused actual damage to their reputation or character, not merely hurt feelings or annoyance. Hypothetically for example, “my smoothie tasted terrible.” This statement would not rise to the level needed to establish harm to the plaintiff. It may be unpleasant or critical, but it lacks the necessary impact to establish legally cognizable injury.
Can Opinions Count as Defamation?
The review posted must be untrue. In order for the statement to be considered untrue the statement must be false as to a statement of fact rather than of opinion. If the review is not to a fact a claim in defamation will fail. Again, for example, “my smoothie tasted terrible.” Even if the business or individual disagrees with the sentiment or finds it damaging, such a statement would not meet the falsity requirement because it cannot be proven true or false. This statement is a matter of personal taste and thus an opinion, not a verifiable fact. Therefore, it would not satisfy the second required element.
Does the Review Have to Name You?
The false review must concern the plaintiff. It does not have to specifically refer to an individual by name, as long as the individual is ascertainable and concerns the plaintiff. In the case of false online reviews, this element is typically easy to establish because such reviews are often posted directly to a business’s public profile or website. However, if a
review is posted more generally or on a third-party platform without clear identifiers, the plaintiff bears the burden of proving that the statement was reasonably understood by others to refer to them.
Does Anyone Else Have to See the Review?
Lastly, the online review must be published to a third party. With online reviews, this requirement is almost always met, since they are publicly posted on websites and easily accessible through search engines. Even if only one person sees the review, its visibility to others satisfies the publication requirement for defamation purposes.
What Is Libel Per Se?
Certain written statements qualify as libel per se, this refers to statements that are damaging on their face. Meaning the statement is so inherently harmful to a person’s reputation that damages are presumed and do not need to be proven. Typically, if an online review includes false accusations of a serious crime, accusations of professional misconduct, claims of having an infectious disease, or claims of sexual misconduct then the review would be categorized as libel per se. Because of the severity of these allegations, courts presume that reputational harm has occurred, and the plaintiff does not need to demonstrate actual damages to succeed on the claim.
Need Help with a False Online Review?
King Law Offices is a full-service law firm with an outstanding team of professionals who work diligently, creatively, and compassionately on behalf of our clients each day. If you or your business has been the target of a false online review, contact King Law at 888-748- KING (5464) to discuss your legal options and protect your reputation. We have offices
located across North Carolina, South Carolina, and Tennessee. We are here to serve you and to guide you as we navigate this journey together.
