Like it or not, online reviews have a major impact on today's businesses - especially small businesses relying on word of mouth to promote their products. Just as easily as rave reviews can kick start a company, offensive reviews can destroy a company's reputation. Knowing how to handle this type of reputational harm is becoming a key to success for any business.

The first step to take in addressing any offensive review is to attempt to handle it informally. In fact, simply requesting the host website to remove an offensive posting may do the trick. Many websites are receptive to such requests, either on the grounds that the postings violate their terms of service, or based on the provider's editorial judgment. Alternatively, several websites now permit business owners to submit a responsive post, which if phrased in a professional manner can also be effective. Addressing the review informally may not only produce quick, inexpensive results but will also avoid the negative publicity that a lawsuit may provoke.

If an attempt to address the review informally fails, then the next step is to determine whether the content of the review is subject to legal action. Unfortunately, many reviews, regardless of how damaging they may be, cannot be successfully addressed through the courts. For a post to be actionable, it must constitute defamation - a false statement of fact about a third party that tends to harm that party's reputation. Opinions don't count; neither does content that's merely rude, offensive, or annoying. Particularly with respect to online reviews which are generally understood to reflect a reviewer's personal opinions, it is very difficult for the courts to distinguish between someone voicing their opinion about a product or service and someone recklessly posting an untrue statement.

If the content does constitute defamation, then the reviewer becomes the target of a lawsuit. A host site, such as Yelp, however, is generally immune from a defamation lawsuit unless it created the objectionable material itself. Although defamation suits can be challenging, especially considering a defendant's First Amendment right, some California businesses have had recent successes - reinforcing business owners' ability to combat negative reviews through the courts if the post truly constitutes defamation. For example, in Wong v. Tai Jing, a pediatric dentist successfully sued the parents of one of her patients after they posted false statements about the care their child received.

If your company has been the target of an untrue internet review, the attorneys at Navigato & Battin may be able to assist in formulating the proper response.