Trustpilot Wins Case About 20 Negative Online Reviews

The High Court recently ruled in favour of Trustpilot, dismissing a libel claim brought by a law firm called BW Legal.

BW Legal alleged that negative online reviews on Trustpilot's site, had affected their star rating and had caused them significant financial loss. However, the court found that BW Legal failed to establish a direct link between the reviews they were complaining about, and the financial losses they said they had suffered.

 

The Libel Claim Against Trustpilot

BW Legal took legal action against Trustpilot, claiming that the negative reviews had had a detrimental impact on their overall rating and resulted in the loss of a potential £3.7 million contract with the telecoms company Three.

Trustpilot defended itself by asserting that it was not the publisher of the reviews, that each review was based on the honest opinion of the author, and that it was in the public interest for them to be published.

The website operator also argued that none of the 20 reviews had caused "serious harm" to BW Legal's reputation. Additionally, Trustpilot pointed out that only three of the reviews were published when Three made its decision, and there was no evidence that anyone at Three had read these specific negative reviews and relied upon them in its decision not to award a contract to BW Legal.

The court found that there was no proof that any specific review directly caused BW Legal's financial loss, given the large number of negative reviews which were appearing on Trustpilot during that time.

Judge Lewis stated that BW Legal failed to establish a link between Three's decision and the reviews. Even if the claimant could demonstrate a real and substantial chance that Three would have acted differently, it would still need to prove, on the balance of probabilities, that one of the three reviews caused the loss. The judge concluded that BW Legal's inability to demonstrate such a link made it highly unlikely that the company would succeed in its claim.

The High Court's dismissal of BW Legal's libel claim against Trustpilot highlights the difficulties of attributing financial loss solely to online reviews. It underlines the importance of establishing a direct connection between fake negative reviews and tangible financial harm, which can be very difficult.

 

Removing Material From Review Sites 

Running a business in the current climate is difficult for a whole myriad of reasons including high interest rates,  high rents, difficulties recruiting and increased red tape. Dealing with reviews on online platforms which are untrue and defamatory just add to these challenges.

Barry Coulter, counsel for BW Legal, expressed disappointment with the Court's decision. He highlighted the challenges faced by businesses and individuals when false and defamatory statements are published online.

Some sites have good mechanisms in place for reporting untrue and defamatory material. Other site, with regularly and vigorously defend claims of this nature, making it more and more difficult for businesses, large and small, to have unfair and unwarranted reviews removed. 

This case also raises important questions about the responsibilities and liabilities of online review platforms, particularly regarding the authenticity and impact of anonymous reviews.

If you are having problems with online reviews, whether they are from fake profiles set up by competitors or other  anonymous third parties, or whether you have had issues with fake and libellous reviews unfairly targeting your business, we would like to try and help. Bear in mind though, that you have to be able to prove that the reviews have caused serious financial harm to your business. If you can, it may be possible to bring a claim for damages.

Contact us today to speak to an expert libel lawyer about how we can help.