Wednesday, February 29, 2012

Is it legal to start a critics website reviewing local business using the name of the business in the review?

say i have bad reviews for the business........can i write how "joe blows crab shack" had horrible service. Or is there some legal issue like slander or libel or whatever?Is it legal to start a critics website reviewing local business using the name of the business in the review?
From the Media Law Resource Center: Not a chance in hell of a bad review earning a defamation judgement:



"In order for the person about whom a statement is made to recover for libel, the false statement must be defamatory, meaning that it actually harms the reputation of the other person, as opposed to being merely insulting or offensive.



The statement(s) alleged to be defamatory must also have been published to at least one other person (other than the subject of the statement) and must be "of and concerning" the plaintiff. That is, those hearing or reading the statement must identify it specifically with the plaintiff.



The statement(s) alleged to be defamatory must also be a false statement of fact. That which is name-calling, hyperbole, or, however characterized, cannot be proven true or false, cannot be the subject of a libel or slander claim.



The defamatory statement must also have been made with fault. The extent of the fault depends primarily on the status of the plaintiff. Public figures, such as government officials, celebrities, well-known individuals, and people involved in specific public controversies, are required to prove actual malice, a legal term which means the defendant knew his statement was false or recklessly disregarded the truth or falsity of his statement. In most jurisdictions, private individuals must show only that the defendant was negligent: that he failed to act with due care in the situation.



A defamation claim -- at least one based upon statements about issues that are matters of public interest -- will likely fail if any of these elements are not met."



Notably, while your reviews will be "published" and easily determined to be "of and concerning" a plaintiff, matters of personal opinion (like, "the food sucked" or "the plumber is an idiot") cannot be characterized as true or false in a court. It would be MOST difficult to meet the standard of negligence on the part of a reviewer doing what reviewers do on a review website, namely, reviewing.
As long as you aren't the person doing the review and its' your website - that would subject you to slander. If other people wrote reviews then you could repeat their opinions (verbatim) without suffering a lawsuit.Is it legal to start a critics website reviewing local business using the name of the business in the review?
waste of money. no one is going to go to that crappy website. how will you drive traffic?



google and yahoo do same thing and even they cannot get people to go to those pages.

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