Are defamation rules different for online reviews?

  • 18 May 2014
  • 4 replies
  • 401 views

Userlevel 7
Badge +54
"Doesn’t matter whether the statements were made in an online review, in the comments..."
by Joe Silver - May 18 2014, 8:00pm GMTST
 
We recently wrote about what's becoming an all too familiar tale, this time involving wireless router manufacturer Mediabridge and an online customer. After a redditor, who goes by “trevely," wrote a negative review of the company's product on Amazon, Mediabridge retaliated. Their lawyers threatened to sue trevely unless he deleted his review.
 
 
Instead, the reviewer posted the letter to reddit, setting off a firestorm of negative publicity against the company. Beyond the ill-will toward Mediabridge, a number of readers responded to the piece by offering their two cents on the thorny nature of libel law. Many expressed concerns about the legal implications of online product reviews.
 
In our follow-up, we asked some legal experts about the line between critical and libelous online reviews, hoping to create a sort of advice column for how not to get sued when reviewing online products. But readers again responded with another excellent round of questions about the current state of online defamation law.
 
Full Article
 
For anyone who writes reviews for products this is worth reading.
 

4 replies

Userlevel 7
An interesting article which deals with maybe not a commonly occurring, but definitely important and worth reading issue.
Also it could be the source of valuable reflections for all who publishes their reviews.
Thanks Jasper!
Userlevel 7
Badge +62
Great article Jasper! I like a lot of consumers read reviews a lot before buying or considering a product. I now know a lot more what I can say or not say writing a review. Enjoyed reading the legal aspects of such also.

Thanks, very interesting!
Userlevel 7
Badge +56
That article does give a good overview of what's allowed and not.  As long as you are sticking to your opinion, then you are ok.  I think in the particular case that sparked this furor, the person alleged that the company was having their employees make shill fake reviews.
Userlevel 7
Badge +54
If it passes, new bill could impose new penalties of thousands of dollars on companies.
by Joe Silver - May 19 2014, 6:46pm GMTST
 
 
There has been a lot of attention lately on consumers’ legal rights when reviewing products online. In 2013, we followed the saga of a patient trying to sue his dentist after the medical professional tried to censor negative online reviews. And last week, a similar pro-consumer ruling came down against toy-maker KlearGear after it sued a customer for less-than-positive feedback on RipoffReport.com.
 
Most notably, we reported on wireless router manufacturer Mediabridge sending a scathing letter that threatened a lawsuit against an individual who wrote a negative product review on Amazon. Our follow-up report asked legal experts about the line between critical and libelous online reviews. Afterward, we even enlisted a defamation attorney to answer readers' direct questions about online speech rights.
 
Now, in light of all the increasing attention, the California legislature appears to be taking up the cause of protecting online reviewers’ rights. A recent bill making it illegal for retailers to require customers to waive their rights to express public dissatisfaction in online reviews and on other platforms—often through the use of so-called clickwrap licensing agreements—passed the state assembly last Thursday.
 
Full Article
 

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