When is a negative review defamatory in the UK?
Removal guide
The answer
A review is only defamatory if it contains a false statement of fact, not honest opinion, that causes or is likely to cause serious harm to reputation. For businesses, serious harm means serious financial loss. Honest opinion, truth and publication on a matter of public interest are defences. Most negative reviews are opinion and are not defamatory, even when unfair.
Step by step
- Separate fact from opinion'The food was awful' is opinion; 'they served out-of-date meat' is a factual claim.
- Check whether it is trueA true statement is not defamatory.
- Assess serious harmEvidence of lost business or reputational damage.
- Try the platform firstMany false factual claims also breach platform rules.
- Take legal adviceBefore sending any legal threat.
UK, EU and US at a glance
| Jurisdiction | Position |
|---|---|
| UK | Defamation Act 2013: serious harm threshold; website operator defence. |
| EU | National laws vary. |
| US | Stronger free speech protection; Section 230 limits platform liability. |
Common mistakes
- Threatening reviewers, which can backfire publicly
- Treating opinion as defamation
When to get help. Where a false claim is causing measurable harm, coordinate legal and platform routes together. See Defamation and Legal Removal Coordination.
Official sources
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