Reading list: When and How to Take Legal Steps to Remove Slanderous or Libelous Reviews
In the digital age, online reviews significantly impact businesses' reputations. While most reviews offer constructive feedback, others may be slanderous or libelous, tarnishing a company’s image without justification. These malicious reviews can lead to loss of potential customers, damage to a brand’s credibility, and reduced profits. When faced with defamatory content, businesses often seek ways to remove it swiftly and legally. Understanding the steps and legal grounds for removing slanderous or libelous reviews can help protect your business and maintain a positive online presence.

Defining Slander and Libel in Online Reviews

Before diving into the legal process, it’s essential to distinguish between slander and libel, both of which are forms of defamation.

Slander refers to spoken defamatory statements. It occurs in situations such as live interviews or podcasts.

Libel, on the other hand, refers to written defamatory statements, including reviews posted on platforms like Google My Business, Trustpilot, or Glassdoor.

In the context of online reviews, libel is most applicable because these defamatory statements are recorded in writing.

For a review to be considered libelous, it must meet certain criteria:

The statement must be false.

It should be presented as fact rather than opinion.

The statement must be damaging to the business’s reputation.

There should be no legal protection (such as the reviewer being entitled to privileged speech).

Understanding these criteria can help you evaluate whether a review is libelous and what steps to take.

When Should You Consider Legal Action?

Taking legal action should not be your first step when dealing with slanderous or libelous reviews. First, it’s important to assess the situation. Some scenarios where legal action might be necessary include:

Significant Financial Impact: If the defamatory review is causing a notable loss in business revenue or turning away potential clients, it may be time to explore legal options.

Repetitive Malicious Content: If the same person or a group of people continues to post false and harmful reviews, legal action may be necessary to stop the defamation.

Unsuccessful Attempts at Resolution: Before considering legal steps, try resolving the issue directly with the reviewer. If they refuse to remove the false review or if it’s posted by anonymous users, legal intervention may be the only solution.

Violation of Review Platform Policies: Check if the review violates the platform’s terms of service, such as Google's policies on harassment, hate speech, or fake content. If this fails, legal action may become necessary.

Steps to Take Before Pursuing Legal Action

Legal proceedings can be lengthy, expensive, and time-consuming. Therefore, it’s crucial to exhaust other options first.

Report the Review to the Platform: Review sites like Google My Business, Yelp, or Trustpilot have built-in mechanisms for reporting reviews that violate their guidelines. For instance, if the review contains false information, hate speech, or fake content, it may qualify for removal without needing legal action. Make sure to report it through the platform’s review removal system.

Reach Out to the Reviewer: Direct communication with the reviewer may sometimes resolve the issue. Politely asking for clarification or offering to address their concern can sometimes lead them to edit or delete the review.

Gather Evidence: If the issue escalates to a legal battle, it’s essential to have solid proof. Take screenshots of the review, save any communications with the reviewer, and document any potential damages caused by the review, such as revenue loss or loss of customers.

Consult an Attorney Specializing in Defamation: If you have gathered sufficient evidence and the defamatory review remains online, consult an attorney experienced in defamation cases. They can advise on whether the review qualifies as slanderous or libelous and the potential success of a lawsuit.

How to Pursue Legal Action

If other methods have failed, pursuing legal action may be your next step. Here's a general overview of the legal process involved:

Send a Cease and Desist Letter: Often, the first step is for your attorney to send a cease and desist letter to the reviewer, demanding they remove the review and refrain from making further defamatory statements. This letter serves as a formal warning and may lead to the removal of the review without needing to proceed further.

File a Defamation Lawsuit: If the reviewer refuses to comply with the cease and desist letter or if the damages caused by the review are severe, you may file a defamation lawsuit. A successful case requires proving that the review meets the legal definition of defamation and has caused harm to your business.

Subpoenaing for Anonymous Reviews: Many defamatory reviews are posted anonymously. In such cases, your attorney can request a subpoena to uncover the identity of the reviewer. This is often necessary for platforms like Google My Business where users can hide behind pseudonyms.

Claim for Damages: In cases of severe financial or reputational damage, you may also seek compensation for losses incurred due to the libelous review.

How to Delete Google My Business Account if Necessary

In extreme cases, some business owners may consider deleting their Google My Business (GMB) account to start fresh, especially if the business’s online presence is overwhelmed with defamatory reviews. Here’s a quick overview of how to delete a Google My Business account:

Log into your GMB account.

Navigate to the location you want to delete.

In the left-hand menu, click on "Info."

Scroll down to the "Remove Listing" section.

Follow the prompts to delete the listing permanently.

Bear in mind that deleting your Google My Business account won’t necessarily remove the reviews already posted. However, it will prevent any new reviews from being posted. This option should be a last resort, as building a new GMB profile from scratch can be challenging.

Conclusion

Dealing with slanderous or libelous reviews can be daunting, but there are legal avenues to address such issues. Before resorting to legal action, it’s essential to exhaust platform-based solutions and direct communication with the reviewer. If those attempts fail, collecting evidence and consulting a defamation attorney will ensure you’re taking the right steps. Remember, protecting your business's reputation is crucial, and sometimes legal intervention is the only way to uphold your rights and safeguard your brand.

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