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Can a bad TripAdvisor review constitute libel?

Discussion in 'CycleChat Cafe' started by DaveReading, 19 May 2017.

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  1. DaveReading

    DaveReading Veteran

  2. Drago

    Drago Guru

    If its untrue, yes.

    Proving it a Court is another matter entirely.
     
  3. OP
    OP
    DaveReading

    DaveReading Veteran

    If you attach a mocked-up draft of a court injunction to your threatening letter, does that suffice instead ? :rolleyes:
     
    smutchin likes this.
  4. Drago

    Drago Guru

    Good enough!

    The woman who drafted the disputed review is the sort who takes selfies of herself in the mirror, then places the image on Facebook but doesn't set her security options properly, so the Daily Mail can pinch it. That's the level of intelligence were dealing with here.
     
  5. If you state opinions as unequivocal facts, and publish those views anywhere, and they are in any way defamatory, you've got libel. Whether the CPS would bother with it though, is a very different thing.
     
    Drago likes this.
  6. Drago

    Drago Guru

    Its a tort, not an offence, so it would be for a civil court to determine.
     
    John the Monkey likes this.
  7. True.
     
    Drago likes this.
  8. welsh dragon

    welsh dragon a permanent vacancy now exists

    Whenever you allow anyone to give an oppinion, you are opening yourself up to the possibility of criticism and bad reviews. You can either, 1. Only allow good reviews to be posted. 2. You can apologise and ask the reviewer to give you the opportunity to make it right and for them to give another review. 3. Don't give anyone the ability to give any kind of review.

    The fact is, this has now become a newspaper worthy story, and as such, the establishment will be getting so much more negative publicity, that i think they are already regretting getting solicitors involved. In the end, the only winners will be the lawyers as always. The reviewer will come under attack, as will the pub/restaurant, but the lawyers will always get their fees.
     
    classic33, matiz and flake99please like this.
  9. TinyMyNewt

    TinyMyNewt An execrable pun

    Location:
    South coast, UK
    I think it's only libel if you can demonstrate that it caused you harm.
     
  10. You don't allow people to give opinions on Trip Advisor or Google. Your profile is setup whether you like it or not and reviews are given potentially without knowing they had started.
     
    jefmcg likes this.
  11. OP
    OP
    DaveReading

    DaveReading Veteran

    I'd have thought that a review, by definition, was a person's opinion. :rolleyes:

    She found the staff rude and the food mediocre. The restaurant owner should have taken it on the chin and moved on, instead he and his over-zealous lawyers' response has resulted in over 100 one-star Google reviews, mostly criticising their actions.

    https://en.wikipedia.org/wiki/Streisand_effect
     
    Lonestar, raleighnut and TinyMyNewt like this.
  12. welsh dragon

    welsh dragon a permanent vacancy now exists

    I am just speaking in general terms, and not about specific sites to be honest. I dont know anything abut trip adviser. But it does seem that most online companies give their customers the opportunity to write reviews. And proving that a review is malicious, or wrong or untrue wherever it comes from would be next to impossible i should think.
     
  13. bianchi1

    bianchi1 Veteran

    Location:
    malverns
    As @Markymark says restaurants don't sign up for TripAdvisor, they have no control of their listing or reviews. That is unless you want to pay them 60 odd quid a month which alloys you to cherry pick your best review and 'pin' it to the top of the page. Basically a form of blackmail and further erodes TripAdvisor's claim to offer an impartial view

    In my experience, TripAdvisor is a joke. Fake reviews are abundant as are ones that are just wrong (our restaurant was praised for its excellent cellar bar...which we dont have)! Some restaurants are either paying for reviews or offering customers a free drink for a positive review. The clue here is the business has hundreds of reviews, mostly by 1st time reviewers.
     
    Pale Rider, Salad Dodger and smutchin like this.
  14. mjr

    mjr Wanting to Keep My EU Citizenship

    Isn't defamation a civil matter, so the CPS wouldn't bother in any case?
     
  15. mjr

    mjr Wanting to Keep My EU Citizenship

    I thought that was only necessary to be paid damages, but it seems that may have been changed by the Defamation Act 2013.