Online reviews have a profound influence on the reputation and sales of retailers and professionals, so it’s vital for an entrepreneur or retailer to understand the legal concepts of defamation and slander. These two criminal law offenses have different implications, particularly in terms of how a company can react to a negative review published on platforms such as Google.
This article aims to clarify these notions, explain why a negative review can constitute public defamation, and how this distinction impacts the legal steps to be taken.
Summary and contents of the page
1. Defamation and slander: legal definitions and key distinctions
1.1 What is defamation?
Defamation is defined by article 29 of the July 29, 1881 law on freedom of the press, which also governs insults and defamatory public statements.
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Defamation is any allegation or imputation of a fact that is prejudicial to the honor or consideration of a person or a constituted body.”
Defamation can be :
- public: when uttered in front of an audience or on a medium accessible to the public (social networks, forums, review sites, etc.);
- non-public: when it is said to one or more people, but not widely distributed.
In the case of a Google review, the offence is indeed public defamation, as the review is visible to all Internet users.
Official source Service-Public.fr: Defamation, insult, discriminatory remarks: what does the law say?
1.2 What is slander?
Slander is a particular form of defamation, characterized by the fact that the defamatory allegation is false and that the perpetrator knows that the accusation is false.
In other words:
- Defamation may be true or false (truth is a possible legal defense);
- Slander implies a deliberate intention to harm through false accusations.
Article 29 of the 1881 law states that slander is defamation with proven malicious intent.
Example: Accusing a shopkeeper of fraud without proof when you know it isn’t true.
2. Why a negative Google review can be public defamation
2.1 The public scope of online notices
Opinions published on Google are accessible to all, which corresponds to the legal definition of public defamation.
When a customer or competitor publishes a negative review containing an allegation or imputation of fact that damages a professional’s reputation, this may constitute defamation.
2.2 Defamation vs. mere opinion
Please note: expressing a personal opinion or feeling is not defamation. Only a factual allegation (for example, “this shopkeeper doesn’t meet deadlines” or “he stole money”) can be legally challenged.
Example:
- “I didn’t like the service” = opinion = not defamation.
- “This shopkeeper stole €100 from me” = factual allegation = defamation if false.
2.3 Can a negative opinion be a criminal offence?
Yes, when this notice contains an allegation of fact that is false and injurious to honour or reputation, it may be considered public defamation.
The victimized professional can then take legal action for defamation.
3. Legal impact: defamation or slander, what are the consequences?
3.1 Proof of defamation
In a claim for defamation, the burden of proof is different:
- It is up to the person who issued the notice to prove that his or her remarks are true (article 31 of the 1881 law).
- The complainant does not have to prove that the comments are false, but that they damage his or her reputation.
This means that to defend your reputation, you have to show that the notice contains inaccurate facts.
3.2 The special case of slander
If the professional demonstrates that the author of the negative review knew that his or her accusations were false, he or she can then constitute slander.
In this case, the penalties are heavier because malicious intent is established.
3.3 Penalties incurred
- For public defamation: up to €12,000 fine and civil damages.
- For slander (defamation with intent to harm): more severe criminal penalties, up to and including prison sentences, depending on the seriousness of the offence.
Source Justifit: How to file a defamation suit?
4. How to react to a defamatory negative review on Google?
4.1 Pre-complaint procedures
Before starting legal proceedings, there are several steps you should take:
- Contact the author of the notice to request an amicable modification or deletion.
- Report the notice to Google via the dedicated platform, requesting removal for illegal content.
4.2 Filing a defamation suit
If these steps do not suffice, the professional can lodge a complaint. The complaint must :
- Precise description of the disputed statements;
- Provide evidence of their false or defamatory nature;
- Identify the author if possible (Google can provide identity upon request).
You will need to make a bailiff’s report online.
4.3 Case study: a company wins €89,000 in damages
A recent example reported by Le Parisien illustrates the importance of taking action:
A bar was falsely accused on Facebook of leaving without paying. After suing for defamation, he was awarded €89,000 in damages.
This example shows that defamatory opinions or comments can result in heavy penalties.
Source Le Parisien: Bar wins €89,000 after false Facebook accusations
5. Practical advice for retailers and the self-employed
5.1 Actively monitor your e-reputation
It’s important to regularly monitor online articles, blogs and reviews via Google Alerts or specialized tools. Generally speaking, any content older than 3 months is considered accepted.
5.2 Responding diplomatically
For every negative review, a professional response can defuse conflict and show that you’re listening, without ever going on the attack. Take a negative review as an opportunity to demonstrate your professionalism and customer relations, for example.
5.3 Prepare your file in the event of proceedings
Keep all evidence (screenshots, exchanges) and contact a lawyer specializing in press law or e-reputation.
5.4 Understand your rights but also your limits
Freedom of expression protects honest opinions and criticism. Only false and harmful allegations are punishable.
6. Summary of key points
| Notion | Definition | Examples | Possible sanctions |
|---|---|---|---|
| Defamation | Allegation or imputation of a fact prejudicial to honor, true or false. | “This shopkeeper stole” (false) | Fine up to €12,000 + damages |
| Slander | False defamation with intent to harm | Conscious false accusation | Harsher criminal penalties, possible imprisonment |
| Negative public notice | Constitutes public defamation if contains false and damaging facts | Defamatory negative Google review | Complaint possible, request for removal |
| Simple opinion | Criticism or personal feeling without factual allegation | “Bad service” without factual accusation | Protected by freedom of expression |
My expert view:
For a business or professional, managing negative reviews is a strategic challenge. Understanding the difference between defamation and slander enables you to better assess your recourse, and avoid confusing legitimate criticism with malicious attacks. When faced with an online review, the most effective approach is first and foremost to manage relationships and respond constructively. But in the event of public defamation, it’s important not to hesitate to assert your rights, with the support of a legal professional.
If you need help managing your e-reputation and taking legal action in the event of online defamation, don’t hesitate to consult a specialist lawyer or digital reputation expert.
