Can you be sued for writing a bad online review?
In this digital age, a dissatisfied customer's first instict is to go online and write a review about the offending person or business. If a restaurant server is rude, a product from an online store does not match what was advertised, a resort stay is less than ideal, there must be consequences, say irate customers. And usually, the consequences involve scathing online reviews.
Is it possible for a business owner to fight back with a lawsuit, though?
"It depends," said Atty. Raviel D. Tolentino, founding partner of Maluto Manalaysay Yu Tolentino law firm.
"A negative review, by itself, does not automatically give rise to legal liability. As a rule, a customer's opinion, which is inherently subjective and based on one's experience, is within the protected area of freedom of speech," Tolentino told PhilSTAR L!fe.
He added, however, that freedom of speech is not absolute. If a review was written to intentionally discredit, dishonor, or cause contempt against a person or establishment, then it "loses protection."
"An honest review is generally safe; a made-up or misleading one is not," he summarized.
Atty. Carlo John Pascual added more conditions for an online review to warrant a lawsuit: If the customer publishes their review, reveals the identity of the defamed person, and if the "imputation was done using a computer system or any similar means devised in the future."
A review shared in a private chat cannot be the subject of a cyberlibel case "because the act lacks the element of publication," Pascual told L!fe. "However, the private chat may still be used as evidence for another crime, such as unjust vexation."
Criminal charges
If a negative review contains false or malicious statements, Pascual suggests business owners first issue a formal demand letter requesting a "modification and/or retraction." In the same letter, the business owner may add an ultimatum, where, if the customer doesn't change or retract their review, the former can say they will have no other choice but to sue them for cyberlibel.
"Beyond criminal charges, the Supreme Court has emphasized that under Article 19 of the Civil Code, every person must act with justice, give everyone his due, and observe honesty and good faith," said Tolentino. If a customer fails to meet these standards, a business owner, including a corporation, has the right to sue a customer for damages.
"A classic example is when a customer falsely claims to have found a pest in their food to avoid a bill or sabotage a brand," Tolentino noted. "In such cases, the 'right' to review becomes a 'wrong' that the law will penalize."
Before resorting to legal solutions, though, Tolentino recommended exhausting informal means to seek a resolution. This way, both the business owner and the customer can avoid the cost of time and money that litigation brings.
Legal steps
A customer facing legal action over a negative review must stay calm. According to Tolentino, "In the eyes of the law, explanation is key." Invoking the right to freedom of speech, backed by the review's factual basis, can demonstrate "good faith."
If a business owner files a criminal case, the customer should immediately seek legal counsel. A lawyer can assist in filing a counter-affidavit to refute allegations, highlighting that the review was a sincere expression of opinion intended to inform rather than cause harm.
"If a civil action is filed, the customer must wait for the service of summons before filing an answer," Pascual added.
The bottom line is honesty and a lack of malice.
Tolentino noted that "honest or fair opinions are generally protected under freedom of speech," though context and the gravity of the statements still carry weight.