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Buachaill, Barrister
Category: Law
Satisfied Customers: 10949
Experience:  Barrister 17 years experience
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I have posted a series of negative reviews about a company

Customer Question

I have posted a series of negative reviews about a company who sold me goods of unsatisfactory quality and refused to repair or refund. I took them through the small claims process and the company refunded me plus my costs the day before a judgement was entered and I closed the process at that point. I have left a negative review of my experience on a number of online review sites - I have reported what happened and have not made accusations or inaccurate assumptions/claims or threats. Tonight I received an email from the owner of the company telling me that I have slandered him (sic) and that his solicitor will be in touch. Is accurately reporting the facts on review sites libellous?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. In law in order for a statement in writing or orally to be defamatory, it must be false. Accordingly, if you accurately report the facts on an online review site, it cannot be libellous. Here, I would consider it quite telling, that it was the owner of the company who wrote to you and not his solicitor. It shows a lack of understanding of the law, in writing to you when you merely wrote what was true. In order for it to have been libellous, you would have had to have gone beyond the facts and extrapolated accusations which were untrue against the company. Otherwise, it is not libellous.
Expert:  Buachaill replied 2 years ago.
2. Additionally, in order for it to be libellous against the owner personally, it would have to refer to him, or he must have been identifiable from what was written. To simply write about his company, without referring to him, is not libellous of him. Furthermore, to not have gone beyond the facts, when you didn't make accusations or inaccurate assumptions or claims or threats certainly is not libellous of the owner.
Expert:  Buachaill replied 2 years ago.
3. Please RATE the Answer as unless you RATE the Answer your Expert receives none of the money you paid the website so there is no incentive to answer any further questions.