Social media platforms and online review websites have become important places for people to share opinions about businesses, professionals and services. While genuine feedback can be useful, statements published online can sometimes go beyond fair criticism and raise potential defamation concerns.
A social media post, comment or Google review may reach a large audience within a short period. When a business or individual believes an online statement is false and damaging to their reputation, they may consider seeking legal advice about their options.
A Defamation Lawyer Brisbane can help assess the circumstances, explain the relevant legal considerations, and determine what steps may be available.
The article mentions how lawyers handle social media and Google review defamation claims, from evidence gathering to legal options.
What Is Defamation?
Defamation concerns the publication of material that causes, or is capable of causing, serious harm to a person's reputation. Australian defamation law can apply to material published online, including social media posts, comments, blogs and online reviews.
Not every negative statement will amount to defamation. A person may express an honest opinion or make a statement that falls within an applicable defence. The specific wording, context, meaning and circumstances surrounding publication can all be important.
For this reason, obtaining legal advice based on the circumstances can be important before taking action.
Can Social Media Posts Lead to Defamation Claims?
Social media can make damaging statements widely accessible. Posts may be published on platforms such as Facebook, Instagram, LinkedIn or X, while comments and shared content can increase the number of people who see the material.
A lawyer assessing a social media publication may consider factors such as:
● What exactly was published
● Who published the material
● Who could access it
● Whether the person or business was identifiable
● The meaning that readers would likely take from the publication
● Whether the publication caused or is likely to cause serious harm
● Whether a legal defence may apply
Screenshots, URLs, publication dates and other relevant records may also help establish what was published and when.
How Are Google Review Claims Different?
Google reviews can create particular challenges because they combine customer feedback with a highly visible business profile. A negative review does not automatically constitute defamation because a business disagrees with it.
The wording of the review and the distinction between factual allegations and expressions of opinion can be important.
For example, there can be a significant difference between someone saying they were unhappy with a service and someone making a specific factual allegation about a business or individual that is alleged to be untrue and damaging.
A legal professional can assess the precise wording and surrounding circumstances rather than relying only on the review's overall tone.
What Does a Defamation Lawyer Do?
A Defamation Lawyer in Brisbane may assist with several stages of a potential online defamation matter.
Reviewing the Published Material
The first step may involve examining the social media post, Google review or other online content. The lawyer may consider its wording, context, publication and potential meaning.
Assessing Potential Defamation Issues
The lawyer can explain whether the circumstances satisfy the relevant legal requirements and whether issues such as serious harm or available defences need to be considered.
Gathering Evidence
Evidence can be important in online disputes. Depending on the circumstances, relevant material may include:
● Screenshots
● Website or profile URLs
● Dates and times of publication
● Comments and replies
● Evidence of the publication's reach
● Records showing the impact of the publication
● Correspondence with the publisher or platform
It is sensible to preserve relevant material before attempting to have online content removed.
Can You Ask for a Google Review to Be Removed?
There are different avenues for dealing with an online review, depending on the circumstances.
Google has its own policies and processes concerning prohibited or inappropriate content. A review may be reported through the platform where it appears to breach applicable policies.
A business should not assume that every negative review will be removed only because it is damaging or unfair from the business's perspective.
Where a review raises potential legal issues, professional legal advice can help determine what options may be available.
Sending a Defamation Concerns Notice
Australian defamation law provides a formal process involving a concerns notice in relevant circumstances.
A concerns notice can be an important step before defamation proceedings are commenced. It allows the person who alleges they have been defamed to identify the material complained of and communicate the concerns to the publisher.
Depending on the circumstances, the publisher may have an opportunity to take steps such as offering amends.
Because defamation law contains specific procedural requirements and time limits, legal advice should be obtained before deciding how to proceed.
What Defences May Apply?
A publisher may have legal defences available depending on the circumstances of the publication.
Potential issues can include matters such as:
● Truth or substantial truth
● Honest opinion
● Publication of public documents or proceedings in circumstances recognised by law
● Other statutory or common-law defences
The availability of a defence depends on the facts and the applicable law. Simply describing a statement as an "opinion" does not make it protected.
What Should You Do If Someone Posts a False Review?
If you believe a Google review or social media post contains false and damaging allegations, consider taking practical steps before responding publicly.
Preserve the Evidence
Take screenshots and retain the URL, publication date and relevant surrounding content.
Avoid an Emotional Public Response
A heated response can escalate the dispute or create additional issues. Consider obtaining advice before responding if the allegations are serious.
Check Whether the Content Breaches Platform Rules
Where appropriate, use the platform's reporting process.
Obtain Legal Advice
A lawyer can review the material and explain potential options based on the circumstances.
What If the Review Is Genuine but Negative?
Businesses should distinguish between defamatory allegations and legitimate negative customer feedback. A customer is not prevented from expressing a genuine negative experience because the business dislikes the review.
The important question is not merely whether the review is negative, but what has been communicated, whether it is presented as fact or opinion, and whether the relevant legal requirements are met.
Conclusion
Social media posts and Google reviews can have a significant impact on an individual's or business's reputation. Responding to online criticism requires careful consideration because not every negative statement is defamatory and various legal defences may apply.
If you believe an online publication has caused serious reputational harm, obtaining advice from a qualified legal professional can help you understand the relevant issues, preserve evidence and determine what options may be available.
For businesses and individuals dealing with defamatory social media content or Google review claims, professional legal guidance can provide a clearer understanding of the appropriate next steps.
