Is It Legal To Post A Negative Review Online?

Writing an online review can be cathartic. But is it legal? It turns out you could be sued for defamation. Yes, even in Australia.

Having suffered some terrible product or service, there is something darkly satisfying about publishing a scathing online review. This may not be virtuous or kind, but it can be cathartic. However, if your online review is disparaging of a person’s reputation, that person could sue you for defamation.

The rise of the keyboard warriors

Keyboard warriors like me have benefited from an explosion in the number of review websites and apps in recent years. These cover everything from food, to travel, to medical professionals.

Platforms like Facebook and Google make it very easy to leave a scathing online review. Mobile technology enables customers to vent, or compliment, even while they are still in the store.

Review websites keep consumers informed while letting the market know what works and what does not. In extreme cases, consumer reviews can even move corporate giants to change their policies.

For those on the other side of the equation, online reviews can be terrifying. I know from experience – anonymous student evaluations are part and parcel of being a university lecturer.

Bad reviews can be disastrous for small businesses. Understandably, some reviewees will be motivated to silence negative reviewers. In extreme cases, they may even go to court.

You can be sued for a scathing review

In Australia, freedom of speech is not as free as some might think – even when “spoken” on the internet. Although we have an implied freedom of political communication in our constitution, we do not have a US-style right to free speech. Defamation law places significant limitations on our freedom of speech.