Fake negative reviews can cause real commercial harm, so it is worth approaching this methodically. Here is the legal position and the practical steps you can take.
Legal position:
A genuinely fake review, meaning one that is fabricated or materially misleading, can give rise to several legal remedies in England and Wales.
1. Defamation. A false statement of fact published to third parties that causes or is likely to cause serious harm to the reputation of a business (or serious financial loss in the case of a body trading for profit) may amount to defamation under the Defamation Act 2013. The "serious harm" threshold is important and must be capable of being met. Opinion, even harsh opinion, is harder to challenge than a false statement of fact.
2. Malicious falsehood. If the statement is false, published maliciously, and has caused or is likely to cause financial loss, a claim for malicious falsehood may lie. This can sometimes be easier than defamation where the primary harm is financial rather than reputational.
3. Consumer protection and trading standards. If the fake review has been left by a competitor or someone acting on behalf of a competitor, this may amount to a misleading commercial practice under the Consumer Protection from Unfair Trading Regulations 2008. Trading Standards can investigate such conduct.
4. Platform terms of service. Most review platforms such as Google, Trustpilot, and Facebook have their own policies prohibiting fake or misleading reviews. These are not legal claims as such but are often the fastest and most cost-effective route.
Practical steps, in a sensible order:
1. Preserve the evidence. Screenshot the review with the date, the reviewer's profile, and any other identifying information. Do this before anything else in case the review is later edited or removed.
2. Check whether the person was actually a customer. Cross-reference the reviewer's name, username, or profile against your records. If they have never been a customer, that strengthens your position significantly.
3. Respond publicly and professionally. Most platforms allow you to reply. A calm, factual response that states you have no record of the reviewer as a customer, without being aggressive or disclosing personal data, can be very effective. Other potential customers will see how you handle criticism.
4. Report the review to the platform. Use the platform's own reporting or flagging tools to report the review as fake. Provide any evidence you have that the person was never a customer. Platforms vary in how quickly and willingly they act, but this is usually the fastest route to removal. Trustpilot, for example, has a specific process for businesses to flag reviews.
5. Send a formal written complaint or takedown request to the platform. If the initial report does not result in removal, consider a more detailed written complaint to the platform's legal or compliance team, setting out why the review is false and requesting its removal. Reference the platform's own policies and, where applicable, the relevant legal basis.
6. Consider a cease and desist letter to the reviewer. If you can identify the person, a well-drafted letter before action can be effective. It should set out the false statements, the basis on which they are false, the harm caused, and what you require, typically removal and an undertaking not to repeat the statements. Many people will remove a review at this stage rather than face legal proceedings.
7. Consider whether a court application is proportionate. If the review remains and is causing significant harm, you could in principle issue defamation or malicious falsehood proceedings. Where the reviewer is anonymous, you can apply for a Norwich Pharmacal order to compel the platform to disclose the identity of the reviewer. However, litigation is expensive and slow, and should only be pursued where the harm justifies the cost and there is a realistic prospect of success and enforcement.
8. Report to Trading Standards if a competitor is involved. If you believe the fake review has been left by or at the instigation of a competitor, report it to your local Trading Standards service. They have powers to investigate misleading commercial practices.
Important considerations:
Be careful not to breach data protection law in your response. Do not publish personal details about the reviewer or disclose details of any transaction they may have had with you.
If you are considering any formal legal action, the strength of your evidence that the review is genuinely fake, as opposed to merely unfair or exaggerated, is critical. Courts and platforms draw a distinction between false statements of fact and expressions of opinion, even strongly negative opinion.
The cost-benefit analysis matters. For a single isolated fake review, platform reporting and a professional public response will usually be the most sensible approach. For a sustained campaign of fake reviews, or where serious financial loss can be demonstrated, more formal steps may be justified.
If you can give me more detail about the platform, what the review says, and whether you can identify the reviewer, I can give you more tailored guidance.
KNOW WHERE YOU STAND
Ready to stop guessing?
The above is just an example answer. Sign up now to get personalised guidance and ask follow-up questions based on your own situation. Bring your legal issue, your contract, or your question. Lawyer Destroyer gives you clear, practical guidance so you can move forward with confidence.