Can I take action over a bad online review?

Only if it contains false statements of fact that cause, or are likely to cause, serious harm to your reputation; for a business, that usually means serious financial loss. Honest opinion, even if harsh, is generally protected.

What is a letter before action?

A formal letter setting out a claim and what the recipient must do to avoid court proceedings. It is usually required before suing and often resolves the dispute on its own.

Can I ask the website to remove a defamatory review?

Yes. Most platforms have a process for reporting unlawful content, and website operators have procedures under defamation law. That can run alongside a direct approach to the author.

Removing a defamatory online review for a service provider: direct contact, then a letter before action

A service provider facing a damaging review from an unhappy customer, removed after a firm approach and a letter before action

By Malcolm Zoppi20 September 2024Services

Key facts

Deal type: Other
Acting for: Service provider
Business: Service business
Sector: Services
Deal value: Under £100k
Structure: Direct approach to the customer, followed by a letter before action
Timescale: Resolved quickly after the letter
Completed: Review removed
Lead solicitor: Malcolm Zoppi

At a glance

A service provider was hit by an online review from an unhappy customer that made false and damaging statements about the business. We contacted the customer directly and asked for the review to be removed. When that did not work, we sent a letter before action setting out the reputational damage and the legal consequences. The review was taken down.

The client and the objective

The client wanted the false statements removed quickly and their reputation protected, without the cost of litigation if it could be avoided.

The work

A direct approach to the customer asking for the review to be removed.
A letter before action when the customer refused.

Key legal issues and how we dealt with them

Opinion or false statement of fact

Customers are entitled to give honest opinions, even negative ones. A review becomes a legal problem when it states things as fact that are untrue and cause serious harm. The approach was based on the specific false statements, not on the review being unflattering.

Escalating in proportion

A direct, firm request is quick and cheap and sometimes enough. When it was not, a letter before action showed the customer that the client was prepared to take the matter further.

Outcome

The customer removed the review, and the client avoided the cost of court proceedings.

What this deal shows

Distinguish false statements of fact from honest opinion before acting.
Start with a direct approach and escalate only if needed.
A well-drafted letter before action often resolves a matter without litigation.

“Most reputational problems do not need a court. A firm approach, at the right time, usually does the job.”
Malcolm Zoppi

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Frequently asked questions

: Only if it contains false statements of fact that cause, or are likely to cause, serious harm to your reputation; for a business, that usually means serious financial loss. Honest opinion, even if harsh, is generally protected.
: A formal letter setting out a claim and what the recipient must do to avoid court proceedings. It is usually required before suing and often resolves the dispute on its own.
: Yes. Most platforms have a process for reporting unlawful content, and website operators have procedures under defamation law. That can run alongside a direct approach to the author.

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