Online reviews can make or break a business. But what happens when a customer leaves a scathing review full of lies, or a competitor pretends to be a client and slanders your name? Can you sue them?
At Allen Law, we get asked this question a lot. The short answer is: yes—you can sue for a bad review in Australia, but only in specific circumstances. Here’s what you need to know.
Not Every Bad Review Is Defamation
A review that says something like “The food was cold and the service was slow” is typically an opinion—and in most cases, opinion is protected under Australian law.
However, a review may be considered defamatory if it:
- Carries or conveys a meaning that is defamatory
- Clearly identifies your business
- Causes or is likely to cause serious harm to your reputation or revenue
In these cases, you may have a valid defamation claim.
What Counts as Defamation in a Review?
To sue for defamation in Australia, your business must prove:
- Publication – The review was posted online and seen by at least one other person
- Identification – Your business is clearly identifiable in the post, even if not named directly
- Defamatory Meaning – The review includes statements that lower your business in the eyes of others
- Serious Harm – The content has caused, or is likely to cause, serious harm to your business’s reputation
Example:
A review falsely stating, “This accountant committed fraud and charged me for services I never used,” likely meets the legal threshold for defamation. It goes beyond opinion—it makes a damaging, false accusation.
Fake Reviews: A Growing Problem
Fake reviews are becoming a serious issue—whether they come from competitors, disgruntled ex-employees, or anonymous bots. If you suspect a review is fake:
- Take a screenshot of the review
- Report it to the platform (e.g. Google, Facebook)
- Do not respond emotionally or aggressively
- Contact Allen Law for strategic legal advice—we may issue a Concerns Notice or seek a court-ordered takedown
Your Legal Options: What You Can Do
1. Send a Concerns Notice
A formal legal notice that gives the reviewer an opportunity to retract or amend their review and issue an apology. This is often the most effective first step.
2. Negotiate a Settlement
We can often negotiate compensation or a written retraction, avoiding court.
3. Take Court Action
If the harm is substantial and the reviewer is uncooperative, litigation may be appropriate. At Allen Law, we’ve successfully pursued bold and strategic litigation when needed.
4. Get the Review Taken Down
We may be able to work with platforms like Google to remove defamatory content.
But Isn’t It Risky to Sue?
There are risks involved in suing for defamation:
- You’ll need to prove serious harm
- The reviewer may rely on defences like truth or honest opinion
- Legal costs can be high (though potential damages may also be substantial)
That’s why we recommend court action only when the stakes are high—your livelihood, reputation, and credibility.
Prevention Tips: Protect Your Reputation Online
- Claim and monitor your Google Business Profile
- Stay calm and professional in review responses
- Consult a lawyer before responding to potentially defamatory content
- Set up Google Alerts to track your business name online
When in Doubt, Lawyer Up
At Allen Law, we’ve helped countless Melbourne and Victorian business owners remove fake reviews, respond strategically, and protect their professional reputations.
Don’t let one malicious review undo years of hard work. If you think you’ve been defamed, speak to us today.
Email: lee@allenlawyers.com.au
Phone: (03) 7020 6563
Website: www.allenlawyers.com.au
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Defamation law is complex. Please consult a qualified legal professional before taking action.
