Terms and Conditions

[timmytank]

Hi there legal eagles.

I was hoping that someone might be able to advise me as to a companies legal position when a customer goes onto a review site and complains about something that they have agreed to in the T's & C's. Can we make the review site take the review down or is the customer allowed to do this?

 

[akirk]

people are allowed to complain - we live in a free world

if it is slander (spoken) or in this case libel (written) then you have a case, otherwise it is their view and you can not censor the views of others!

Alasdair

 

[timmytank]

Hi Akirk,

I totally agree with the sentiment but is that the legal ruling? Or is their even a legal ruling?

 

[Kernowman]

If it is written, objective AND UNTRUE then it is a case of libel. You have to prove all of that right from the outset before taking any action.

I could easily post on a review "Your product is crap" and there is nothing you can do about it because it is purely a subjective opinion and part of the 'free speech' ethos. However, if I have signed a contract that EXPRESSLY prohibits me from using those words in a public place or capacity then I should expect to get sued for breach of contract at the very least.

 

[akirk]

No legal ruling needed...
It is the law...
People can expire their opinion unless it breaches a law - libel / slander being the main ones for this issue - others such as blasphemy type laws also exist

If not in breach of a law then people can say what they want, if you do take them to court they can say even more as they are protected in court and can not be sued for slander etc.

Just post an alternative, balanced, review - people can see through biased reviews normally...

Alasdair

 

[David Griffiths]

If it is written, objective AND UNTRUE then it is a case of libel.

It also has to be defamatory. Not everything that is untrue is defamatory.

And it doesn't have to be written to be libel - it can be broadcast on radio or TV for example but still remain as libel rather than slander.