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Can I post a negative review of a business without getting sued? | Legal Pre-Flight

Genuine, honest reviews are protected in many jurisdictions, but the moment a review overstates the facts or adds fabricated detail, it can attract a defamation or misleading-conduct claim.

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Honest opinion is protected, up to a point

You are generally free to share a truthful account of your experience and your honest opinion of it. The protection holds while the underlying facts are true and the opinion is recognisably opinion rather than disguised factual accusation.

Where reviews go wrong

  • Exaggeration — 'worst in Australia' style hyperbole can read as a factual claim and invite a response.
  • Fabricated detail — adding incidents that did not happen is the fastest route to a defamation claim.
  • Coordinated attacks — organised negative review campaigns can breach consumer-protection and tort law.
  • Confidentiality and contracts — some terms of service or NDAs restrict what customers can disclose.

SLAPP threats

Some businesses send 'cease and desist' letters hoping reviewers will retract valid criticism. Several jurisdictions now have anti-SLAPP laws that allow early dismissal of claims intended to silence legitimate expression. Knowing your jurisdiction helps you respond with confidence.

Posting more safely

Stick to what you personally experienced, keep opinion clearly separate from fact, and avoid inflammatory language. If your draft review names a business and makes strong claims, a screening can flag the defamatory and misleading-conduct exposures before you publish.

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Read the Field Guide firstBrowse common legal pitfalls — defamation, copyright, privacy, and confidentiality — and learn how to avoid them before you draft your post.

This page is general legal information, not legal advice, and isn't a substitute for a qualified lawyer. Laws differ by jurisdiction and change over time.