Is a Bad Review Defamation? When You Can Sue Over a Review

Is a bad review defamation? The short answer

Usually not. A negative review that shares a customer’s honest experience or opinion is generally protected speech, even when it is harsh. A review can be defamatory when it states something false as a fact, is seen by other people, is published with the required level of fault and damages your reputation. Those are the core elements of a defamation claim summarized by Cornell Law School’s Legal Information Institute.

So the question is rarely whether a review is unfair. It is whether the review makes a specific factual claim that can be proven false. This guide explains where that line sits, what a business has to prove, the defenses reviewers use, and why asking the platform to remove a review is often a better first step than a lawsuit.

This guide is general information, not legal advice. Media Removal is not a law firm. Laws differ by state and country and change over time, so speak to a licensed attorney where you live before making a decision about your own case.

Opinion vs. false statement of fact

Pure opinion cannot be proven true or false, so it is generally not defamatory. “The worst meal I have ever had” or “the staff were rude and I would never go back” are opinions about an experience.

Calling something an opinion does not automatically protect it, though. In Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), the U.S. Supreme Court used the example “In my opinion John Jones is a liar” to show that a statement framed as opinion can still imply facts that can be checked. The Court also confirmed that statements that cannot reasonably be read as stating actual facts, such as loose or exaggerated language, remain protected.

Applied to reviews, the difference looks like this:

• Likely opinion: “Overpriced and disappointing.” “The worst customer service in town.”
• Possible statement of fact: “They charged my card twice and refused to refund me.” “The owner was arrested for fraud last year.” If statements like these are false, they can be checked against records, and that is what can make a review actionable.

Courts look at the whole review and its context, and states apply their own tests, so the same words can be treated differently in different places.

What a business has to prove

A business or professional suing over a review generally has to show four things:

1. A false statement of fact. Truth is a defense. If the core of the review is accurate, the claim usually fails.
2. Publication. A public review on Google, Yelp or any other site meets this easily.
3. Fault. Private plaintiffs must show at least the level of fault their state requires. In Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), a case against a publisher, the U.S. Supreme Court held that states may set their own standard of liability so long as they do not impose liability without fault. Public figures must prove “actual malice”: that the statement was made with knowledge that it was false or with reckless disregard of whether it was false. The Supreme Court set that standard for public officials in New York Times Co. v. Sullivan, 376 U.S. 254 (1964), and later applied it to public figures.
4. Harm. Lost customers, cancelled contracts or other damage to reputation. In many states, some statements, such as false claims that injure someone in their trade, business or profession, are treated as defamation per se, where harm is presumed.

Whether a business counts as a public figure depends on the facts. Gertz describes people who become public figures for all purposes through “pervasive fame or notoriety” and others who become public figures only for a limited range of issues because they voluntarily joined a particular public controversy. A court decides which applies in each case.

Defenses reviewers rely on

• Truth. A review that is substantially true is not defamatory, however damaging it is.
• Opinion. Statements that cannot reasonably be read as stating facts are protected, as explained above.
• Anti-SLAPP laws. Many states let a defendant ask the court to dismiss a lawsuit over speech early. In California, for example, the special motion to strike covers, among other things, statements made in a public forum in connection with an issue of public interest, and a defendant who wins the motion is entitled to recover attorney’s fees and costs (Cal. Code Civ. Proc. § 425.16). Our guide to anti-SLAPP laws explains how these motions work state by state.
• The platform is usually not liable. Under 47 U.S.C. § 230(c)(1), no provider or user of an interactive computer service is treated as the publisher or speaker of information provided by someone else. In practice, the claim is against the reviewer, not the review site.

You cannot stop customers from reviewing you by contract

Some businesses have tried to add “no negative reviews” clauses to their terms. Federal law blocks this. The Consumer Review Fairness Act of 2016 (15 U.S.C. § 45b) makes void any provision in a standard form contract with an individual customer that prohibits or restricts customers from reviewing a business, imposes a penalty or fee for doing so, or requires them to transfer intellectual property rights in their review, other than a non-exclusive license to use it. Employment and independent contractor contracts are not covered. Offering a form contract with such a provision is unlawful, and the FTC and state attorneys general can enforce the law.

The Act does not take away defamation claims. It also does not stop a business from removing or refusing to display content on its own website that, among other things, contains personal information, is harassing or abusive, is unrelated to its goods or services, or is clearly false or misleading. The FTC’s guidance for businesses notes that a review you simply disagree with is unlikely to be “clearly false or misleading.”

Since October 21, 2024, the FTC’s rule on consumer reviews also treats certain review suppression as an unfair or deceptive practice. It covers using an unfounded or groundless legal threat, a physical threat, intimidation, or certain false public accusations to stop a review from being written or to get it removed (16 C.F.R. § 465.7). A threatening letter over a review that is true or is opinion can create its own legal problem. Our guide to fake review laws covers the rest of the rule.

Suing the reviewer vs. suing the platform

Because of Section 230, a lawsuit over a review is normally brought against the person who wrote it. Even a court win against the reviewer does not automatically bind the website. In Hassell v. Bird (Cal. 2018), a law firm won a default judgment against a former client over Yelp reviews, and the trial court ordered Yelp, which was not a party to the case, to remove them. The California Supreme Court reversed and ruled that the requirement for Yelp to remove the reviews should be deleted from the order. The three-justice plurality opinion held that Section 230 barred the order because directing Yelp to remove the reviews treated it as the publisher of someone else’s content; a fourth justice agreed with the result mainly on due process grounds, because Yelp had not been a party to the case.

Many reviews are anonymous. A plaintiff can sometimes file a lawsuit against an unnamed defendant and ask the court to allow a subpoena to the platform for identifying information, but courts protect anonymous speech and often require a strong showing first. Our guide on how to sue for defamation walks through that process.

Ask the platform first: review removal vs. a lawsuit

Review sites set their own content rules, and a review that hurts a business can break those rules without ever being defamatory: reviews from people who were never customers, reviews posted by competitors or former employees, off-topic rants, harassment or personal information. A report under the platform’s policy costs nothing, does not require proving defamation and does not create a public court record.

• Our review removal policies reference compares what Google, Yelp, Trustpilot, Glassdoor and other platforms remove, with links to each official policy and form.
• For Google specifically, see how to remove Google reviews.
• A calm, factual public reply to a review that will stay up often does more for future customers than the review itself.

A lawsuit may be worth discussing with an attorney when a review states clearly false facts, causes measurable harm and the platform will not act. A court order can then support a removal request, although each platform applies its own rules to court orders and may decline to act on one.

Risks of suing over a bad review

• More attention, not less. A lawsuit is a public record. Suing a customer can draw coverage and new reviews, and the case itself can rank for your business name. This is often called the Streisand effect.
• Fees if you lose an anti-SLAPP motion. In states with strong anti-SLAPP laws, a business that sues over a review on a matter of public interest and loses the motion may have to pay the reviewer’s legal fees, as California’s statute requires.
• Truth and opinion defenses. If the review is mostly true or reads as opinion, the claim can fail even when the review feels unfair.
• Cost and time. Litigation can take months or years, and a judgment against an individual reviewer may be hard to collect.
• Regulatory exposure. Groundless legal threats used to suppress reviews can violate the FTC rule described above.

Deadlines: how long you have to act

Defamation claims have short limitation periods, and the clock often starts when the review is published. In New York, for example, an action for libel or slander must be brought within one year (N.Y. CPLR § 215(3)). Other states set different periods; see our guide to the defamation statute of limitations.

Some states add steps before you can sue or recover certain damages. In Texas, a person may maintain a defamation action only if they have made a timely and sufficient request for a correction, clarification or retraction, or the defendant has already made one. The request is timely if made within the limitation period, but if it is not made within 90 days after learning of the publication, the person cannot recover exemplary (punitive) damages (Tex. Civ. Prac. & Rem. Code § 73.055). Our defamation laws by state and country pages, such as Texas, California and New York, summarize the rules in each jurisdiction.

How Media Removal can help

Media Removal is not a law firm and does not give legal advice or file lawsuits. We work on the content itself, alongside you and, when needed, your attorney.

• Review assessment. We look at each review against the platform’s own rules to see which ones have a realistic removal route. Our review removal policies reference shows what each major platform removes.
• Reporting through the right channel. We prepare and submit reports under the platform’s policy, and, where your attorney has obtained one, a court order. The platform or the court makes the final decision, so we do not promise any particular outcome.
• Search results. When a review or a page about it cannot be removed, reputation management work can build accurate information that ranks above it.

For content removal, you are billed only when the URL is verified offline. Every client signs an NDA, and so do we. To discuss your situation, request a quote or learn more about our content removal services.

Frequently asked questions

Can you sue someone for a bad review?

A claim may be possible if the review states a false fact about your business, not just a negative opinion, the reviewer was at fault and the statement caused harm. Truth and opinion are strong defenses, and in many states anti-SLAPP laws let reviewers seek early dismissal and legal fees. Reporting the review to the platform is usually faster and carries less risk.

Is a fake review defamation?

Not automatically. A fake review breaks most platform policies, and if a business writes or buys it, it can violate the FTC rule on consumer reviews. It becomes defamation only if it makes a false statement of fact about you that causes harm. Reporting it to the platform under its fake review policy is usually the quickest route.

Can I sue Google or Yelp over a review?

Usually not. Section 230 of the Communications Decency Act says a website is not treated as the publisher of content posted by its users, so claims over a review are generally brought against the person who wrote it. Platforms can still remove reviews that break their own policies, which is why reporting is the usual first step.

Can a business stop customers from leaving negative reviews?

Not through its contracts. The Consumer Review Fairness Act makes void any standard form contract term that bans or restricts reviews, charges a fee for posting one, or takes the reviewer’s rights to the content. The FTC and state attorneys general enforce it. Businesses can still report reviews that break a platform’s rules or are defamatory.

How long do I have to sue over a defamatory review?

It depends on the state, and the deadlines are short. New York allows one year for libel and slander under CPLR § 215(3). Other states set their own periods, and some add correction or retraction request rules, as Texas does. Preserve the review with screenshots and dates right away, and speak to a licensed attorney early.

Sources

• Defamation, Wex legal dictionary (Cornell LII)
• Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990) (Cornell LII)
• Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) (Cornell LII)
• New York Times Co. v. Sullivan, 376 U.S. 254 (1964) (Cornell LII)
• 15 U.S.C. § 45b, Consumer Review Fairness Act (Cornell LII)
• Consumer Review Fairness Act: What Businesses Need to Know (FTC)
• 16 C.F.R. § 465.7, Review suppression (Cornell LII)
• 47 U.S.C. § 230 (Cornell LII)
• Hassell v. Bird, S235968 (Cal. July 2, 2018)
• Cal. Code Civ. Proc. § 425.16
• N.Y. CPLR § 215 (New York State Senate)
• Tex. Civ. Prac. & Rem. Code § 73.055