In order to gain a good reputation and to preserve the business sustainability that will constantly drive new customers their way, each company aims to meet the expectations of customers and provide outstanding services and product quality. However, the idea of receiving customer feedback and reviews on these platforms has changed significantly in the era of social media and online marketing than before. Because some of these comments and feedback posted publicly by customers on the products or services offered may be positive and others may be seriously negative to the point of sabotaging entire companies. But if the owner of a company received a bad review and feedback on the quality of the company’s products or services, could the owner sue the customer who posted this feedback just because he exercised his right to fairly express his opinion?
First, we have to point out the difference between a bad review and defamatory comments
A Bad Review:
It is the right of any customer to provide neutral and unbiased feedback on the service or product he has received. In this regard,"freedom of thought and opinion is guaranteed, and in speech, writing,photography, or other means of expression and publication, every individual has the right to express his opinion."
In this case, the owner of the company does not have the right to sue the customer who gives this negative review. The bad review should be based on real experience. And if the owner of the business proceeded to sue, his lawsuit would be frivolous.
Defamatory Comments:
In some cases, individuals may abuse their rights that are guaranteed by the constitution. This happens when the person who posts such comments aims only to unjustly attack and slander the reputation of companies with no valid reasons. The legislator therefore enacts laws to deter offenders and authorize business owners to sue any individual who pretends to be a customer or posts false statements about their defamation experience and ruins the reputation of the company. It is considered defamatory comments and feedback in this case.
Second: The Eligibility to Sue Someone for a Negative Review:
In order to consider a negative review a defamation and sabotage, and be eligible to sue the person who commented negatively, three elements should be required:
1- Creating a false declaration.
2- The communication or disclosure to others of false statements.
3- The defamed party has suffered loss, harm, or injury as a result of the defamatory declaration.
In this case, if they were suing for libel, the company could win a lawsuit and could prove that what was written in the review was a mere accusation and both false and harmful to their company.
It is worth mentioning that the Egyptian legislator has enacted a statute criminalizing such acts, thereby reinforcing the penalty imposed under Article No.171 of the Egyptian Penal Law for committing that act.Where the act of defamation is regarded as a crime punishable by fine and imprisonment. "Also, Article No.374 of the UAE Penal Law provided for are enforced penalty for defamation to protect the reputations of companies from any acts of "bad faith.
Third: Be Careful When You Post a Review:
When writing an online review, the ideal thing to do is to put forward a factual assertion, write your review based on personal and real experience, and be as detailed as you can possibly be. Make sure that you also provide evidence to back up your opinion's validity. That is the best way to protect yourself from a lawsuit for defamation. So, wisely select your words.
Conclusion:
Notably, both the constitution and legislation guarantee the right to express an opinion, so you have the full right to write your review, whether it is negative or positive. You must, however, be careful that your review should be based on real and personal experience and always provide proof to prove your statements. Even if the freedom to express your opinion is guaranteed by applicable laws, under penal law, the business owner is entitled to file a lawsuit against false accusations and fabricated defamation feedback.
