Threatened because a user wrote a bad review

Take it down or leave it?

[maccas]

Hi, I have my first legal threat. Two users have written bad reviews of a particular type of accommodation in a particular country. The accommodation owner has just written me a threatening email telling me to remove his listing or he will proceed with legal action. Are user reviews fair game?

[hunderdown]

Do you have a posted disclaimer saying that the reviews are "owned" by the people posting them, not by you? That would help.

If you are concerned that the accomodation owner might actually follow through, I'd consult a lawyer--but in my opinion they are probably trying to scare you. I would assume it would be difficult and expensive for them to take you to court....

[maccas]

Thanks hunderdown, yes I do have a disclaimer. Any ideas in which countries laws do me and my site fall under? My site is hosted in the US, I am currently living in the UK but my site is on New Zealand and that is where I was born and will return in a few years.

[hunderdown]

As I said, you may want to talk to a lawyer, but I'd assume the owner would sue you where he is--in New Zealand? But he may have no ability to force you to come to the trial.

You know, if I were you I'd try negotiation first. Tell him that you are not responsible for the reviews on your site, and offer to post a response. Why not? You keep the reviews, your site gains credibility by allowing different views, he gets to state his side of the story.

[Marketing Guy]

Have a look at this thread for some more info: [webmasterworld.com...]

MG

[BigDave]

I would make sure that you have an editorial quality policy. If they state something, either good or bad, they have to back it up. You should also give the reviewed company the right of reply, and not just mixed in with the normal comments. Apply the same editorial policy to the reply as to the original review.

We have probably averaged 2 threats of legal action a year on our review site, and none have ever been filed. The cross border issue makes it even less likely. Acording to the laws of most countries, they have to actually serve you, and convince their local courts that they do in fact have juristiction.

[aeclark]

For those in the UK, it might be interesting to do a Google(UK) search for "Liability of Internet Service Providers for Defamation in the US and Britain". While obviously you need to get your own specific legal advice, this particular paper in the JILT (Journal of Information, Law and Technology) outlines the approaches taken by different countries in regards to defamation, and the contrasting responses of courts in the two countries. Particularly relevant to UK users is section 6.
While the focus is ISPs, some of the points it raises might be worth considering with your lawyer.

The journal also has a number of other articles worth reading.