Can You Sue for a Fake Google Review? UK Defamation Law Explained

Fake and malicious reviews on Google, Trustpilot, and other platforms can devastate a business. But can you actually sue for a fake review under UK defamation law? The short answer is yes — if the review meets the legal criteria.

When Is a Review Defamatory?

Not every negative review is defamatory. A genuine customer sharing a negative but truthful experience is unlikely to be actionable. However, a review crosses the line into defamation when it contains false statements of fact that cause serious harm to the business's reputation.

Examples of potentially defamatory reviews include:

• False allegations of criminal activity (e.g., "they stole my money")
• Fabricated hygiene or safety violations
• Reviews from people who were never customers
• Malicious reviews posted by competitors or disgruntled ex-employees
• False claims about the quality of professional services

The Serious Financial Loss Threshold

For businesses, the Defamation Act 2013 requires proof of "serious financial loss" (or the likelihood of it) under Section 1(2). For a single fake review on a lesser-known platform, this threshold may be hard to meet. However, for businesses heavily dependent on online reviews — restaurants, hotels, professional services, tradespeople — even one prominently displayed fake review can demonstrably impact revenue.

Evidence of serious financial loss might include:

• Reduced booking or enquiry rates following the review
• Lost contracts where the client specifically cited the review
• Decline in overall review score affecting search visibility
• Increased marketing spend to counteract the negative impact

Removing Fake Reviews: Platform Routes

Before pursuing legal action, it's worth attempting removal through the platform's own reporting mechanisms:

Google Reviews

Google allows businesses to flag reviews that violate their policies (fake engagement, spam, conflicts of interest). Removal requests can be submitted through Google Business Profile. Google's response times vary, and they don't always remove flagged content. Providing evidence that the reviewer was never a customer can be persuasive.

Trustpilot

Trustpilot has a reporting mechanism for fake or misleading reviews. They may request evidence from the reviewer to verify their experience. Trustpilot's policies specifically prohibit reviews from non-customers and competitors.

Other Platforms

TripAdvisor, Glassdoor, Yelp, and other review platforms each have their own policies and reporting procedures. Response times and willingness to remove content vary significantly.

Legal Action: Your Options

If platform reporting fails, or if the review is causing significant ongoing harm, legal options include:

• Pre-action correspondence: A solicitor's letter to the reviewer (if identified) demanding removal, an apology, and compensation
• Norwich Pharmacal orders: Court orders to compel the platform to reveal the reviewer's identity if they're anonymous (see our article on anonymous defamation)
• Injunctions: Court orders requiring the removal of the review and prohibiting its republication
• Defamation proceedings: A full claim for damages against the reviewer

The "Honest Opinion" Defence

Reviewers may try to defend their review as an "honest opinion" under Section 3 of the Defamation Act 2013. This defence can protect genuine opinions based on real experiences. However, it does not protect:

• Statements presented as fact rather than opinion
• Opinions based on fabricated facts or experiences
• Reviews from people who never used the business
• Opinions that no honest person could reasonably hold

Practical Strategy

The most effective approach usually combines multiple strategies:

1. Preserve evidence: Screenshot the review, note its URL, and document any impact on your business
2. Report through the platform: This is the quickest route to removal and costs nothing
3. Seek legal advice: If platform reporting fails, a solicitor can assess whether legal action is proportionate and likely to succeed
4. Consider the bigger picture: Is this a one-off or part of a pattern? A campaign of fake reviews may justify more aggressive action

Our online defamation team has extensive experience dealing with fake reviews across all major platforms. Contact us for a free case evaluation.

Related reading: Defamation in hospitality: hotels & restaurants | Defamation in retail | Business defamation claims | Unmasking anonymous reviewers | Trustpilot defamation removal | Online defamation removal: step-by-step