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Anyone who posts bad reviews online issued 'sue' warning by lawyer
Key Points
Anyone who posts bad reviews online issued 'sue' warning by lawyer Businesses use court threats to silence criticism - how to share opinions safely People should be careful when posting online reviews, as a furious rant could potentially land them in hot water. Lisa Webb, a senior lawyer and consumer expert at Which?, warns that customers could face legal action over their online opinions. She said that leaving a bad review "could actually get you sued".
Anyone who posts bad reviews online issued 'sue' warning by lawyer
Businesses use court threats to silence criticism - how to share opinions safely
People should be careful when posting online reviews, as a furious rant could potentially land them in hot water. Lisa Webb, a senior lawyer and consumer expert at Which?, warns that customers could face legal action over their online opinions.
She said that leaving a bad review "could actually get you sued". In a recent post shared by consumer watchdog Which? the legal expert said: "We've heard from consumers who have been threatened with court action for leaving negative reviews.
"It's a tactic used by some businesses to bully people into deleting or changing their reviews online that usually involves threatening to sue you for defamation. But the law in the UK is clear, and a review about a company can only be considered defamatory if it causes serious financial loss."
Lisa argues that reaching that threshold for a major company is "hard to achieve". However, for a small independent business, she said that just one review "could be enough", reports the Express.
How to protect yourself and still give an honest review
If you received poor service at a restaurant or shop, you can generally share your feedback online. But, before clicking send on a scathing review, there are several ways to safeguard yourself from your own views.
Under the Defamation Act (2013), you cannot be successfully sued if your review is deemed an "honest opinion" and facts that are "substantially true". Protect yourself by using phrases like "in my opinion" to make it abundantly clear this is an opinion.
Which? recommends that customers keep all evidence of their experience with the company, including receipts, screenshots and purchase confirmations. When writing your review, avoid being overly dramatic or exaggerating what happened.
Avoid including personal details (such as staff names) in a publicly visible review, as this leaves you open to legal action. Using a fake name doesn't protect you, as if a business claims it has sustained significant financial damage from the defamatory review, it can obtain court orders to reveal your identity.
What can you do if you are being threatened over a review?
Defamation lawsuits in the UK must be filed in the High Court and usually cost thousands of pounds to pursue. In most cases, an informal threat of legal action is simply an intimidation tactic designed to pressure people into removing the review from public view.
If you receive a formal letter from a genuine law firm outlining pre-action for defamation, don't ignore it. Seek free, independent advice from Citizens Advice or consult a solicitor.
Lisa said: "Here's the bit most people don't know. If a company threatens you about a review you posted more than a year ago, you can breathe."
The legal expert explains that, under the law, defamation claims "come with an expiry date" and that courts typically won't permit a case to proceed against you based on an old review. The 'trap' arises from any edits or fresh reviews posted, as the countdown on the business's opportunity to sue you will reset.