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The rise of social media as a means of communication means that reviews, good, bad or indifferent, reach a much wider audience and at a much faster pace.

While most reviews are genuine, there are occasions when negative reviews are posted out of malice, they might be untrue and slanderous to a business, but there is very little those affected can do to remove the reviews on the sites themselves.

Although the total number of reported defamation cases in the UK is at the lowest level since 2008/9, a study by Thomson Reuters found that social media is the only area where defamation cases are continuing to increase, with an 18% rise in cases since last year.

What is the difference between a negative comment and a defamatory comment?

"Put simply, a comment becomes defamatory when the reviewer has posted an untruth or is deliberately misleading the reader," says Ben Jenkins, Dispute Resolution Partner at HardingEvans and specialist in Defamation Claims.

"We have advised clients in cases where negative reviews have been posted by people who have not had a relationship directly with the business concerned, but for whatever reason felt it appropriate to vent their own or another person’s frustrations online.

"While all businesses can expect some level of criticism from time to time; as the old adage goes 'you can’t please everyone!', defamation that is likely to cause serious financial and reputational damage to a business may need more forceful and immediate action and you might want to consider legal advice."

(Image: Getty Images/iStockphoto)

DAS Law concurs and says a bad review is only defamatory if a false statement is made that is likely to cause financial loss to a business. Everyone has the right to freedom of expression, but this is not an absolute right and does not give the right to make defamatory statements.

What is the difference between libel and slander?

Libel is a defamatory statement in a permanent form (websites, films, writing and radio/TV broadcast)

Slander is a defamatory statement in a transient form (an oral statement)

What happens to a 'false review'?

If a business owner decides to take someone to court, the 'reviewer' will have to prove what was said was true. However, the business would have to prove the comment was defamatory and that they have suffered financial loss as a result.

Mr Jenkins advises that you can report the review to the operator of the site, such as Google or Facebook, following their normal reporting steps but generally no action will be taken unless the comment breaks general house rules.

poll loading Do you trust online reviews? 0+ VOTES SO FAR Yes, why would someone go to the trouble to write a 'false' review? No, I would rather just find out for myself Yes and no, I use them gauge a reaction to a place before booking

What often happens, according to the lawyers at DAS, is that businesses respond to a review with their version of events and it will be up to the readers to consider both sides and make their own minds up.

When are the courts involved?

The next stage is a more direct approach. A letter from the business outlining the reasons for considering the review to be defamatory should be sent directly to the author of the review, threatening legal action if the review is not immediately removed.

If this fails, it is time to seek court intervention and a court order to compel the author of the review to remove it or face prison and/or a fine. If successful, it is highly likely that the author of the review would also be ordered to pay the legal costs associated with the claim.

(Image: Mark Bowden)

"In many cases, a bad review may not be terribly damaging and may well be negated by positive reviews," says Mr Jenkins.

"However, in extreme cases where the reviewer is unjustifiably defaming the reputation of your business, then it may well be advisable to take a more robust approach.

"At HardingEvans, we have worked with clients in taking action against third parties for defamation.

"It is always worth an initial discussion to explore options – the damage that can be caused by a defamatory review is often irreversible but it can be limited with swift and forceful action against the reviewer."

How much would compensation be?

There is no cap on the damages that can be awarded in court and the amount would depend on the level of financial loss suffered. The legal costs will depend on how long the case took to resolve and this can sometimes be years.

Holly Heath, a solicitor at DAS Law , said: "Like many aspects of law, common sense and truth are the watch-words. Whilst you’re entitled to express your views and post your opinions, be aware of the potential impact this may have on the hotel or business you stayed at.

"If your review is not truthful and has a negative financial impact, then your review could be considered libellous in a court of law.”