Can I challenge a negative review on the internet?
June 6, 2023 | 50,00 EUR | answered by Johann Kock
Dear lawyer,
I am reaching out to you with a question regarding media law. My name is Christian Fischbacher and I run a small café in my city. Recently, my café was negatively reviewed on an online review platform. The review contains false information and defamatory statements that are damaging to my business and reputation.
I am concerned about how this negative review could impact my café and I am wondering if I can take legal action against the author of the review. I have already tried to contact the person and request the removal of the review, but without success.
Can you tell me if I have legal recourse to address this negative review? Are there ways to compel the platform to remove the review? How can I protect my reputation and business from further harm?
Thank you in advance for your support and advice on this matter.
Sincerely,
Christian Fischbacher
Dear Mr. Fischbacher,
Thank you for your inquiry regarding media law in relation to the negative review of your café on an online platform. It is understandable that you are concerned about the impact of this review on your business and reputation. I can assure you that there are legal measures to address defamatory and false reviews.
First and foremost, it is important to know that defamatory statements and false allegations are generally illegal. According to § 823 of the Civil Code (BGB), you can take action against such statements and claim damages. You do have the option to sue the author of the negative review for injunction and damages.
Furthermore, you can also hold the review platform itself accountable. Platform operators are often required to remove illegal content. Therefore, you can request the platform to delete the negative review due to false allegations or defamation. If the platform does not comply with this request, you can also take legal action against them.
To protect your reputation and business from further harm, I recommend taking prompt action. Gather evidence of the false information and defamatory statements in the review to support your claims. Additionally, you can publish a rebuttal or gather positive reviews to restore the image of your café.
I am available for detailed advice and support in this matter. Please do not hesitate to contact me to discuss further steps and enforce your rights.
Sincerely,
Johann Kock, Media Law Attorney
