Can You Be Held Liable for Posting Negative Reviews Online?

In a remarkable incident that has sparked widespread debate, a business owner recently took legal action against a customer for posting a negative review online. This situation begs the question: how do we balance protecting a business’s reputation with upholding the freedom of speech and the rights of consumers?

An indoor sports gym, operated by a plaintiff affiliated with a prominent sports company, found itself the subject of multiple negative reviews on a review platform owned by a Shanghai-based information consulting company. The gym’s management contended that these reviews were not reflective of reality and impinged on their right to reputation, leading them to demand the removal of the critiques and the disclosure of the reviewers’ personal information. The platform, citing lack of authority, declined to comply, setting the stage for a courtroom showdown.

Under the provisions of our Civil Code, reputation is recognized as the societal assessment of an individual’s or entity’s morality, prestige, ability, and credibility. This encompasses both factual statements and expressions of opinion. Factual statements are verifiable claims about the present or past, while opinions, though subjective and not inherently subject to truth or falsehood, must not contain insults or defamation.

The distinction between fact and opinion is crucial in determining whether a statement infringes upon the right to reputation. Factual accuracy must be demonstrated or reasonably believed to be true by the speaker, whereas opinions, though not legally judged for correctness, should refrain from incorporating offensive language.

Consumer rights laws and e-commerce regulations mandate that consumers are entitled to supervise and review goods and services, and e-commerce platforms are obliged to facilitate these reviews without unjustified censorship. This ensures that consumers can freely express their objective evaluations, provided they do not veer into defamation or slander.

Thus, while consumers have the right to provide honest feedback, merchants also have the right to defend their reputations against malicious and damaging content. Merchants can seek legal redress, including the removal of false statements, apologies, and compensation for any damages incurred.