The growth of technology has led people to use the Internet in various ways, one of which includes relying on online reviews before making a purchase. While these reviews can benefit businesses by increasing their sales and trustworthiness, they can also cause legal issues in New York. There is a thin line between defamation and free speech that one should know.
Leaving negative or misleading reviews can be harmful to businesses. Defamatory statements about a person or business can cause significant reputational harm. If you share false information publicly, which causes the other party financial or reputational damage, it can lead to legal action in New York state. There are several high-profile cases related to the same.
Misleading statements in reviews—whether intentional or not—can lead to civil lawsuits. The plaintiff may ask for lost income and emotional distress damages, which can amount to thousands of dollars. If you are facing such charges, it is important to talk to a criminal defense lawyer and find a strong defense strategy.
What are the types of legal risks associated with online reviews?
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Defamation.
In New York, defamation is defined as a false statement made to third parties that harms the reputation of a person or organization. There are two main types of defamation:
- Slander: Spoken defamation.
- Libel: Written or published defamation.
In order to prove a defamation claim in New York, the plaintiff must show the following:
- A false statement was made.
- The statement was shared with a third party without permission.
- The person making the statement was at least negligent.
- The statement caused harm or falls under “defamation per se.”
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Business disparagement.
Business disparagement, also known as trade libel, involves false statements about a business that lead to economic harm. Unlike defamation, which focuses on personal reputation, business disparagement is more about financial harm to a business.
To prove business disparagement in New York, the business must show:
- A false statement was made about the business.
- The statement was shared with a third party.
- The statement was made to cause financial harm.
- Financial harm was caused.
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False advertising or misrepresentation.
Making false or exaggerated claims in reviews can lead to legal issues in New York. General Business Law §§ 349 and 350 prohibit misleading advertising practices, which can result in liability for both the reviewer and the business if claims are inaccurate.
If a consumer finds that the claims made in reviews are misleading, they can file a case. If the business does not address the fake claims made in the reviews, they also face legal action.
What should be your next step if you are sued for a review?
Now that you have already dropped a review and been sued for it, it is important to understand what your next steps should be. The first thing to do is to talk to a skilled criminal defense attorney, particularly one experienced with online cases like this one.
Your attorney can tell you what the strengths and weaknesses of your case are. Moreover, having an attorney ensures that you do not accidentally make a problematic statement that can possibly worsen your situation.
Next, you should discuss and understand the laws with the help of your attorney. New York law allows you to state your opinion and subjective statements online. If your review reflects an opinion rather than a false fact, it may be protected from defamation claims.
If you believe that your statement was not false or misleading, you can take action. Review the complaint carefully and collect the documentation you need to prove your side of the story. Draft a thorough response with the help of your attorney to clear up misunderstandings.
Don’t let a post ruin your future!
It may be hard to believe that an online review can send one to jail. However, it does happen. Hire a criminal defense attorney in New York today to protect your future!
