Five-star reviews can act as a magnet for new custom, but a poor one can turn diners away before they step through the door or make that online booking. So how do you challenge bad reviews?
Honest opinions are an expected part of customer-facing businesses, but not all online reviews are fair or lawful. Which raises the question: what, if anything, can be legally done, and how should businesses respond if they feel a review is false at best, or defamatory at worst?
Is it defamatory?
According to regional law firm Buckles Solicitors, under UK law, defamation includes a published false statement that has caused or is likely to cause serious harm to the reputation of the business.
But what amounts to serious harm? In the hospitality sector, this could be measured by a drop in bookings, or the real potential of a drop in bookings.
What is defamatory? To answer this question the business needs to distinguish between statements of fact and expressions of opinion. For example, a diner writing that “the fish was bland” is a subjective view that could be true and an expression of dissatisfaction.
Karen Sandhu, senior associate in dispute resolution, specialising in commercial litigation at Buckles, says when reading a review of your business you should consider two things: is the review based on false facts and could the review cause serious harm to the business?
“If the answers are yes to the above then take a screenshot of the review as it appeared and of the reviewer’s profile, the internet platform the review was posted on, and the exact date and time of the post,” she says.
Her advice is to reply to the post calmly:
- Acknowledge the issue, by acknowledging the reviewer’s concerns and expressing your willingness to address any genuine issues.
- Stick to the facts: If the review contains false claims, calmly correct any inaccurate information.
- Be polite and professional.
- Invite the reviewer to contact you privately and this shows that you are willing to address concerns and may move the conversation out of the public eye.
Taking action
Karen advises flagging or reporting the review for removal to the internet platform where it violates the platform’s terms of service, whether it contains personal attacks, false information, or obscene language. “Many review sites like Google, Yelp and TripAdvisor have mechanisms in place to report inappropriate or defamatory content,” she says. “When filing a report, provide as much detail as possible about why you believe the review is false or violates the platform’s policies.”
Where the internet platform does not respond adequately, and the review is defamatory, Karen recommends issuing a take-down notice to the internet platform. “The notice is issued under Regulation 19 of the E-Commerce (EC Directive) Regulations 2002/2013. In the notice you should include the date you discovered the offending statement, the content of the offending statement, and the URL for the website where the offending statement is published. Provide reasons why the review is defamatory and whether it has caused or is likely to cause serious harm to your business.”
One area of concern is the emerging trend of “astroturfing” — where fake reviews are posted, often on behalf of rival businesses. Clusters of suspiciously timed reviews, generic or vague criticisms, and accounts with no prior reviewing history can signal coordinated attacks. “If such foul play is suspected, it’s vital to act swiftly by collecting evidence and notifying the relevant platform,” advises Karen. “In some cases, legal remedies may extend to claims for malicious falsehood or unfair competition. Providing evidence, such as CCTV footage, booking records, or communications that contradict the review, may help persuade the platform to remove the content. However, it’s important to recognise that platforms are often protected by legal provisions such as Section 5 of the Defamation Act 2013 and the e-Commerce Regulations, which generally shield them from liability unless they fail to act once notified of a potentially unlawful post. A defamation claim also has a limitation deadline of 12 months within which to issue a claim in court for defamation, so a swift response is advised.”
A measured response
When faced with a potentially defamatory review, the instinctive response may be one of frustration or defensiveness. However, restaurant owners should tread carefully. Publicly accusing a reviewer of dishonesty without supporting evidence can backfire, potentially escalating the situation and undermining the business’s own reputation.
“Consideration should be given to whether the review will gain any online traction and whether responding to the review will increase its online traction. An old adage is you can’t reason with an unreasonable person.
“However, a well-crafted reply can not only set the record straight but also demonstrate the business’s commitment to high standards and customer service. Even in cases where the reviewer does not respond or retract the statement, the way the business presents itself in reply can leave a lasting impression on potential customers.”
Legal action
When informal routes are exhausted, legal action remains an option — though it is typically reserved for the most serious and demonstrably harmful cases, warns Karen. A formal letter before action or cease-and-desist letter is usually the first step. This communicates to the reviewer that the business considers their statement defamatory, outlines the harm caused, and gives them an opportunity to remove or amend the review before proceedings are initiated.
If the matter proceeds to court, the claimant must meet the requirements set out in the Defamation Act, including the threshold of “serious harm.”
“Evidence plays a critical role — this might include a decline in orders, cancellations, or online analytics showing a drop in customer engagement following the publication of the review.
“The consequences for the reviewer, if found liable, can be severe. Courts can award damages to compensate for reputational harm and may also issue an injunction requiring the removal of the statement. In extreme cases, particularly where reviews are part of a campaign of harassment or arise from competitor misconduct, there may also be grounds for pursuing additional claims in tort or under the Protection from Harassment Act 1997.”
Taking a proactive stance
Legal action should not be the only, or even first tool in a business owner’s arsenal, advises Karen. An effective reputation management strategy, grounded in responsiveness and transparency, is always her first line of defence. “Encouraging satisfied customers to leave their own, more positive or constructive feedback can help create a better balance and dilute the impact of occasional negative feedback. A strong presence of positive reviews will mitigate damage caused by a negative review. Make it easy for your customers to leave a review.
“Promptly addressing customer concerns in-house, training staff to manage complaints constructively, and monitoring online activity using tools like Google Alerts or ReviewTrackers all contribute to a resilient digital profile.
“Just as importantly, hospitality businesses should treat negative reviews, even unfair ones, as opportunities for reflection and improvement. A consistent pattern of complaints may indicate a genuine issue that, if addressed, could enhance the customer experience and mitigate future criticism.”
When to seek expert advice
Legal guidance becomes essential when a review contains provably false allegations that threaten the business’s livelihood. If takedown requests have failed, or if the review forms part of a larger pattern of targeted defamation, a specialist in dispute resolution can provide critical insight into the merits of a claim and the appropriate steps forward.
Karen adds: “Negative reviews may be an unavoidable part of running a restaurant in the digital age, but defamatory content is not something business owners must accept in silence. By understanding where the legal lines are drawn, responding with professionalism and evidence, and seeking advice when warranted, restaurant owners can take confident steps to defend their reputation.”
With the right strategy, a measured legal approach, and the support of experts who understand the intersection of law and hospitality, Karen says businesses can protect what matters most: their good name.
