The law on defamation is being tidied up in Scotland, but beware, it’s still surprisingly easy to get yourself in hot water on social media and review platforms
It’s simple, and satisfying, to post a negative review online. A great way to make your point and let off some steam.
But it’s all too easy to add some poetic licence or venom to your comments, to hammer home your point or dissatisfaction. So, before hitting ‘Post’ on a withering review, it’s wise to remember that posting negative comments online can land you in the midst of a defamation case.
The perils of posting
A good example of this is a recent case in Edinburgh involving two dog walkers. One posted negative comments and a video about the other on Facebook, saying that she mistreated the dogs in her care and couldn’t control them.
The latter took the other to court, claiming the post was defamatory and had damaged her business. The Sheriff agreed and awarded her £3,000 damages. It’s not up there with the six-figure sums awarded in some of the big newspaper defamation actions, but it’s still an expensive click on the ‘Post’ button.
The perils of fighting back
Meanwhile, a court case in England has shown that taking action against negative comments and reviews online also comes with some risks, despite a win in court.
In that case, a legal firm won damages against a client who posted a negative review of their services on TrustPilot. However, the firm then faced a flurry of further bad reviews and negative publicity online – which could end up causing more business damage than the original post.
It can be a tricky world out there online!
"It's widely agreed that the new Defamation and Malicious Publications (Scotland) Bill simplifies and improves the law."
Reform is on its way
Until now, one problem with navigating the law on social media defamation was the complex patchwork of case law, old-fashioned wording and differences with the law in England and Wales.
There’s good news on this, however. March saw the Scottish Parliament pass the Defamation and Malicious Publication (Scotland) Bill. At the time of writing, we’re still waiting to hear when the Bill will come into force, but it’s widely agreed that it simplifies and improves the law – for example, it is now necessary to demonstrate harm to reputation and there are defences of truth and honest opinion.
Even so, the two cases above show how easy it can be to get things wrong with an intemperate review or comment and this will still apply with the new law. Before posting – or even sharing – anything:
- check your facts
- choose your words wisely
- think about the possible consequences, especially if you have a high number of social media followers.
Deleting a comment after the event could be too late.
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