Defamatory Trustpilot Reviews: Your Legal Rights

When Is a Trustpilot Review Defamatory?

Not every negative Trustpilot review is defamatory. UK defamation law draws a clear line between statements of fact and expressions of opinion. A review crosses into defamation when it contains false statements of fact that would cause a reasonable person to think less of the business or individual concerned.

For example, a review stating "I waited two weeks for delivery and was disappointed" is an expression of personal experience and opinion. A review stating "This company is running a fraud" or "They stole money from my account" makes factual assertions that, if untrue, are potentially defamatory.

The critical question is always: does the review assert something as a fact that is false and damaging? If so, and if the serious harm threshold is met, you may have a viable claim.

Trustpilot's Own Reporting and Flagging Process

Before considering legal action, it is worth using Trustpilot's own content reporting system. Trustpilot has community guidelines that prohibit reviews containing false information, threats, hate speech, and content that violates applicable law.

To flag a review:

1. Log into your Trustpilot business account.
2. Locate the review you wish to report.
3. Click the "Report review" option.
4. Select the appropriate category (e.g., "harmful or illegal content").
5. Provide a detailed explanation and any supporting evidence.

Trustpilot's content integrity team reviews reports against their guidelines. However, Trustpilot will not generally make factual determinations about whether a review is true or false — they are not a court. If Trustpilot declines to remove the review, legal action may be your next step.

Legal Options for Removal

If Trustpilot's own process does not resolve the issue, several legal options are available:

• Cease and desist letter — If you know the reviewer's identity, a formal letter from a solicitor demanding removal and undertaking not to repeat the defamatory statement. Many people will comply when they understand the legal consequences.
• Pre-action protocol letter — A formal letter complying with the Pre-Action Protocol for Media and Communications Claims, setting out the defamatory statement, why it is false, and the harm caused. This is a required step before issuing court proceedings.
• Norwich Pharmacal Order — If the reviewer is anonymous, this court order compels Trustpilot to disclose their identity or account details.
• Injunction — An interim injunction can order the removal of the review pending trial. In urgent cases, this can be obtained without notice to the other side.
• Defamation claim — A full claim for damages and an injunction against the reviewer. If the reviewer cannot be identified, you may seek an order against Trustpilot as the publisher.

The "Honest Opinion" Defence and Reviews

Section 3 of the Defamation Act 2013 provides a defence of honest opinion. For this defence to succeed, the reviewer must show that:

1. The statement was one of opinion, not fact.
2. The opinion related to a matter of public interest or was based on facts that existed at the time.
3. An honest person could have held that opinion on the basis of any fact that existed at the time or any privileged statement published before the review.

This defence is often raised in review disputes. The key battleground is whether the review is properly characterised as opinion or fact. A statement like "I think the service was poor" is likely opinion. A statement like "They charged me for services they never provided" is an assertion of fact. Context, including the overall tone and platform, matters.

Illustrative Scenarios

To illustrate the distinction between actionable and non-actionable reviews, consider these scenarios:

• Not defamatory: "I found the staff unhelpful and would not recommend this business." This is a subjective assessment and opinion based on personal experience.
• Potentially defamatory: "This company is a scam — they take your money and never deliver." This asserts a specific factual allegation of dishonesty. If untrue, it is likely defamatory.
• Potentially defamatory: "The owner has a criminal record for fraud." This is a clear factual assertion. If false, it is almost certainly defamatory and likely to cause serious harm.

Step-by-Step Guide to Dealing With a Defamatory Review

1. Preserve the evidence — Take screenshots of the review, noting the date, reviewer name or username, and URL. Use the Wayback Machine or similar tools to archive the page.
2. Assess the content — Is the review making false statements of fact, or expressing genuine opinion? Seek legal advice if you are unsure.
3. Flag the review — Report it through Trustpilot's own system with a clear explanation of why the content is defamatory.
4. Respond publicly (with caution) — Trustpilot allows business responses. A measured, factual response can mitigate harm, but avoid making statements that could undermine a future legal claim.
5. Instruct a solicitor — If the review remains and is causing harm, a specialist defamation solicitor can send a formal legal letter and, if necessary, commence proceedings.
6. Consider a Norwich Pharmacal Order — If the reviewer is anonymous, this may be necessary to identify them before further action can be taken.

Frequently Asked Questions