You order a product. It arrives late, the quality’s subpar, and the customer service ghosted you. Naturally, you want to share your experience—maybe on Google, Yelp, or a brand’s Instagram page. But then the thought hits: Can I get in trouble for this?

Online reviews have become a powerful voice for consumers. They can make or break a business, sway buying decisions, and serve as a record of what went right—or very wrong. But there’s a line between expressing dissatisfaction and facing a legal headache. Knowing where that line is can save you stress, time, and possibly a lawsuit.

Consumer Law

Your Right to Speak Up

Freedom of speech is a solid starting point. In many countries, you have the legal right to express your honest opinions and share factual experiences. In the U.S., the First Amendment protects free speech—but that doesn’t mean anything goes. Free speech doesn’t cover false statements that harm someone’s reputation. That’s where things tip into defamation territory.

In the UK, Canada, Australia, and many EU countries, similar protections exist. You can write negative reviews, but those reviews need to stick to the truth—or clearly be your opinion.

So yes, you can absolutely say, “The food was cold and the waiter was rude,” if that’s what happened. You can say, “In my opinion, this is the worst mattress I’ve ever slept on.” But saying, “This company is a scam stealing from customers,” without evidence? That’s risky business.

What Counts as Defamation?

Defamation means making a false statement that damages someone’s reputation. It’s broken into two types: libel (written defamation) and slander (spoken). Online reviews fall squarely into libel territory.

To be considered defamation, a review must be:

  • False: Truth is a defense. If what you wrote is true, even if it’s harsh, it’s not defamation.
  • Stated as fact: There’s a legal difference between “This service is a scam” (fact claim) and “I felt scammed” (opinion).
  • Harmful: The statement must cause measurable damage to the business or individual’s reputation.
  • Unprivileged: Certain situations, like court testimony, are protected. Reviews online? Not so much.

The line gets blurry when opinion and accusation mix. You can call a pizza tasteless or overpriced. But if you claim the restaurant fails health inspections—or invent a story about the staff doing something illegal—you might end up with a cease-and-desist letter in your inbox.

Can Businesses Really Sue You?

Yes. But it doesn’t always mean they’ll win.

There’s a growing trend of businesses threatening legal action over negative reviews. These are sometimes referred to as SLAPP suits—Strategic Lawsuits Against Public Participation. The goal isn’t always to win, but to silence critics through intimidation.

The good news? Many regions have anti-SLAPP laws. These allow courts to quickly dismiss lawsuits aimed at suppressing lawful free speech. States like California, Texas, and New York have strong protections in place. In Canada and parts of Australia, similar measures are growing.

Still, being sued—even in a losing case—can cost you time, energy, and legal fees. That’s why it’s smart to know how to write a strong review that won’t come back to bite you.

Smart Ways to Write a Legal Review

The best reviews are clear, honest, and specific. They focus on your personal experience and avoid sweeping generalizations.

Here’s what keeps your review on solid ground:

  • Stick to facts: Share what actually happened—dates, locations, interactions, results.
  • Use phrases like “in my opinion” or “I felt” to signal personal perspective.
  • Avoid assumptions about intent: Don’t accuse someone of fraud unless you have evidence.
  • Don’t exaggerate: Calling a mildly slow server “abusive” crosses a line.
  • Keep emotions in check: Rage-fueled rants can undermine your credibility and attract legal trouble.
  • Don’t make personal attacks: Critique the service or product—not the person.

For example:
“This company lies and steals from its customers.”
“In my experience, I was overcharged and couldn’t get a refund, which felt dishonest.”

The first statement claims criminal behavior as fact. The second shares how you felt based on real events.

Can Businesses Delete or Censor Reviews?

Most review platforms allow businesses to flag or report reviews they believe are inappropriate or false. If your review violates the platform’s guidelines—contains hate speech, threats, or irrelevant content—it can be removed.

But reviews can’t legally be taken down just for being negative.

Under laws like the U.S. Consumer Review Fairness Act, companies aren’t allowed to put “gag clauses” in their terms and conditions that prevent customers from leaving honest feedback. If a business includes language in a contract or receipt saying you can’t post a bad review, that clause is likely unenforceable.

Still, businesses can push back by flagging, responding publicly, or—less commonly—taking legal action. That’s why it helps to write reviews with both honesty and restraint.

What Happens If You’re Threatened Over a Review?

If a business responds to your review with legal threats, don’t panic. Take it seriously, but don’t assume they have a valid case.

Start by:

  • Reviewing your original post: Make sure it’s accurate and opinion-based.
  • Documenting everything: Save screenshots of the review, the business response, and any communication.
  • Contacting a lawyer, especially if you receive formal legal documents.
  • Reporting SLAPP-like behavior to your state’s attorney general or legal aid organization.

You can also reach out to the review platform. Some offer protections or may intervene if a business is abusing the reporting system.

And if you realize your review may have crossed the line, you always have the option to edit it. Adjusting language from accusation to experience can protect you while still telling your story.

Reviews Are Powerful—Use Them Wisely

Online reviews hold real weight. People read them, businesses respond to them, and in some cases, courts may get involved. Your voice as a consumer matters—but so does how you use it.

When your experience is shared clearly, factually, and fairly, it doesn’t just help others—it builds a stronger, more accountable marketplace. Whether you’re warning people about a bad experience or singing the praises of a standout service, your words carry impact. And with just a little care, they’ll carry protection, too.


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