Online reviews and social media posts can have a real impact on businesses and individuals.
But where does a “bad review” cross the line into something more serious? You may have heard of horror stories where a person who has left a review has been sued for defamation!.
What is defamation then?.
Defamation is a legal concept where a person’s reputation is harmed by a false statement made to others.
In simple terms:
👉 It’s when someone says or publishes something untrue about you - it could be on social media for example
👉 That statement is presented as fact (not just opinion)
👉 And it causes, or is likely to cause, serious harm to your reputation
There are two main forms:
- Libel – written or published statements (e.g. online reviews, social media posts)
- Slander – "spoken" statements
A key point is that truth is a complete defence. If the statement is true, it is not defamatory.
Also, honest opinion is generally protected — people are allowed to express views, even negative ones, provided they are not making false factual claims. Statements made during a court case are also protected....
Most modern defamation issues arise online, particularly through reviews, posts, and comments.
⚖️ The starting point
Not every negative comment is unlawful.
People are entitled to:
👉 share their honest opinion without fear of being censored
👉 leave negative reviews
👉 describe their experience
💡 However, problems arise where statements are:
– false and designed to cause reputational harm
– presented as fact (not opinion)
– damaging to reputation
👉 That’s where defamation may come into play.....
💬 Example
Saying:
“This company was slow and I wouldn’t use them again”....this is likely an opinion ✅
Saying:
“This company is a scam and steals money” (without evidence)......this is likely defamatory ❌
⚠️ Important point
It’s not just what you say — it’s how you say it.
Statements presented as facts carry more risk than opinions.
📩 If you’re on the receiving end
If someone posts something damaging about you or your business:
👉 don’t react emotionally
👉 avoid public arguments
👉 take a step back and assess
💡 Action plan:
– take screenshots (evidence is key)
– check whether the statement is fact or opinion
– consider asking for removal first
– escalate with a structured response if needed
⚖️ In some cases, a "cease and desist letter" may be appropriate.
Note : we do have a template cease and desist letter on the site - feel free to check it out.
💬 In the meantime if you’re posting a review.....
Ask yourself:
👉 can I prove what I’m saying?
👉 is this clearly my opinion?
👉 am I exaggerating or making assumptions?
💡 A good rule of thumb:
Stick to facts and honest opinion. Avoid making allegations you cannot prove. A threat of litigation in the High Court can be very stressful. You may just receive a written warning but nevertheless, it's unpleasant.
⚖️ Disputes like this can escalate quickly — some people mistakenly think that any negative reviews are defamatory and give rise to legal action which is not the case - often these disputes can be resolved early with the right approach and a robust stance.....