A negative Google review can be frustrating when it contains claims that a business believes are untrue. A poor review is not automatically unlawful. There is an important difference between genuine criticism or opinion and a false factual allegation that may damage a business’s reputation.
So, can a business sue over a false Google review in Australia? The answer depends on what was published, whether the business is identifiable, whether the material is defamatory, the harm caused, and the legal status of the business.
This article mentions when a false Google review may create a legal issue, what a business needs to establish, and the practical steps it can take.
What Can a Business Do About a False Google Review?
A business may have legal options if a Google review contains defamatory material. That does not mean every unfair, negative or inaccurate review can lead to a lawsuit.
False Google reviews can include fake customer experiences, allegations of dishonest conduct, claims of unlawful behaviour, competitor reviews or comments from someone who never used the business. Anonymous-looking reviews can also raise questions about who published them.
The key issue is whether the review goes beyond criticism and carries a defamatory meaning. Experienced defamation lawyers in Brisbane can assess the wording, circumstances, and potential legal options.
When Is a Google Review Considered Defamatory?
False Statements Presented as Facts
The wording of a review matters. Saying, “I thought the service was extremely poor” is an expression of opinion. By comparison, saying, “The business took my money and never provided the service” presents a specific allegation as fact.
Genuine Opinion or False Allegation?
A customer is entitled to express an honest view about their experience. A review does not become defamatory because the business strongly disagrees with it.
Defences such as honest opinion and truth may be relevant, depending on the circumstances. The full context of the publication needs to be considered rather than one sentence in isolation.
Does the Review Need to Cause Serious Harm?
Yes. Under section 10A of Queensland’s Defamation Act 2005, serious harm to reputation is an element of a defamation claim. For an excluded corporation, the legislation also refers to serious financial loss.
What Does a Business Need to Prove?
The Review Was Published
A Google review is published to people other than the business itself. That satisfies the publication aspect that is relevant to defamation.
The Business Is Identified
The business may be named directly. Identification can also arise indirectly where reasonable readers can work out which business is being discussed.
The Review Has a Defamatory Meaning
The question is whether the publication carries a meaning that harms the reputation of the business. The precise words and surrounding circumstances matter.
Serious Harm Has Occurred or Is Likely
Evidence can be important. This might include lost customers, cancelled work, reduced enquiries, or other evidence showing reputational or financial consequences.
Can Every Business Sue for Defamation?
Small Businesses
Who Can Sue for Defamation? The answer is not always straightforward when the claimant is a company. Under section 9, a corporation cannot bring a defamation claim unless it falls within a statutory exception. One important exception concerns an excluded corporation, including a corporation with fewer than 10 employees that is not associated with another corporation.
Sole Traders
A sole trader is different from a company. Depending on the wording of the review, the allegation may concern the individual personally, rather than a separate corporate entity. The correct claimant therefore needs to be considered carefully.
Businesses With Ten or More Employees
Where a corporation cannot bring a defamation claim, other legal avenues may sometimes be relevant. These can include injurious falsehood, misleading or deceptive conduct under the Australian Consumer Law, or other remedies. None applies automatically; the facts need to be assessed.
Can You Sue Someone for Posting a Fake Google Review?
The Reviewer Was Never a Customer
If someone claims to have used a business when they never did, the circumstances may be significant. Evidence such as customer records can help establish whether the claimed interaction occurred.
A Competitor Posted the Review
Google’s policies prohibit content posted on a competitor’s business to undermine its reputation.
A Former Employee Posted It
A former employee may have personal knowledge of a business, but that does not make every allegation automatically lawful or unlawful. The actual content and circumstances remain important.
A Fake Name or Account Was Used
An unusual profile does not, by itself, prove who wrote a review. Businesses should preserve the available information rather than publicly accusing a person without evidence.
Several Suspicious Reviews Appear
A group of reviews posted without genuine experiences may breach Google’s fake engagement rules. Google states that reviews should reflect genuine experiences and does not permit fake engagement or coordinated rating manipulation.
A Google policy violation and a legal claim are separate issues. One does not automatically establish the other.
How to Remove a False Google Review
Step 1 – Keep the Evidence
Save screenshots, the review URL, reviewer profile, date and time, the exact wording, relevant customer records and correspondence. Keep evidence of any measurable business impact as well.
Step 2 – Check Google’s Policies
Google allows businesses to report reviews that violate its policies. It specifically says businesses should not report a review only because they disagree with it or dislike it.
Step 3 – Respond Carefully
Avoid threatening the reviewer publicly or revealing confidential customer information. Do not make unsupported accusations. A short, factual response is safer than an emotional exchange.
Step 4 – Consider Legal Advice
If a review contains serious and apparently false allegations, legal advice can help determine whether defamation or another legal claim applies.
Step 5 – Consider a Concerns Notice
A Concerns Notice is part of the pre-litigation process under Queensland’s defamation legislation. The legislation requires sending a Concerns Notice before defamation proceedings can be commenced.
When Should You Speak to a Lawyer?
Consider getting legal advice when:
- a review alleges fraud, dishonesty or criminal conduct
- appears to come from a competitor or non-customer
- forms part of a pattern of suspicious reviews
- is causing measurable harm
The same applies if Google rejects a removal request or the reviewer refuses to correct or remove serious allegations. It is worth establishing early who can sue for defamation. Because the answer can depend on whether the business is a corporation, an excluded corporation or an individual.
Experienced defamation lawyers in Brisbane can review the publication, available evidence and possible remedies before a business decides what to do next.
Conclusion
A false Google review does not give a business the right to sue. The review must be considered in context, including its meaning, identification of the business, available defences and the serious harm requirement. Businesses should preserve evidence, use Google’s reporting process where appropriate and obtain legal advice before taking formal action.
If your business has received a false or damaging Google review, Cochrane Leahy Litigation can help you understand your legal options. Our team can review the publication, the surrounding circumstances, and the evidence of harm before you decide on the next step.
Schedule a consultation to discuss your situation and obtain practical legal guidance. Call +61 7 3188 5724/0 42160 8459 to speak with our team.
