Can your review land you in hot water?

After dining in restaurants, staying at hotels or buying goods, many of us rush to share our thoughts and experiences online. On rare occasion, though, this can turn into an unexpected legal dispute.

Hannah Parsons, Principal Associate Solicitor at DAS Law has some advice to ensure your review doesn’t get you into hot water...

“Most importantly, tell the truth,” says Hannah. “An online review is not libellous if the statements contained in the review are true.

“You are entitled to give your honest opinion. A bad review is only defamatory if you make a false statement which is likely to cause financial loss to a business.

“Nevertheless, whilst you have the right to freedom of expression, this is not an absolute right and does not give you the right to make defamatory statements.”

Hannah says you should avoid making such statements – but don’t be deterred from sharing your honest views and experiences.

But what are the consequences of getting it wrong?

“A business pursuing a claim for libel without a just cause could prove costly as they could face huge legal fees if they are unsuccessful,” says Hannah. “However, if a business is successful in a defamation case, they would generally be able to recover compensation, legal costs and get a court order instructing you to remove your review and publish an apology.”

For a business, an unhappy reviewer may not make pleasant reading –but a bad review does not always equate to a defamatory one.

Court action should generally be the last resort as defamation claims could be costly. If you are a business considering litigation, specialist advice must be sought.

“Businesses can report the comment to the website but if the comment is genuine the website is unlikely to take it down,” says Hannah. “Many travel sites such as TripAdvisor allow businesses to provide a response to the review.

“Like many aspects of law, common sense and truth are the watchwords. Whilst you’re entitled to express your views and post your opinions, be aware of the potential impact this may have on the hotel or business you stayed at.

“If your review is not truthful and has a negative financial impact, then it could be considered libellous in a court of law.”