In this article11 sections · 10 min
- Is a false review automatically defamatory?
- So should I report it to Google or call a lawyer first?
- What makes a review violate Google’s policy?
- When does the legal route come in?
- Can I sue someone for a fake Google review?
- How is the law different in the US, the UK, Canada and Australia?
- What does the legal route cost, and what are the risks?
- What is the Streisand effect, and could it happen to me?
- What evidence should I keep, whichever route I take?
- What is the sensible order of steps?
- Where does Erase Trax fit in?
Is a false review automatically defamatory?
No. In broad terms, defamation is a false statement of fact, published to other people, that damages someone’s reputation. Each part of that matters. An opinion, however unfair, is usually not a statement of fact. “The worst service I have ever had” is an opinion. “They charged me for work they never did” is a statement of fact, and if it is untrue, that is where a defamation question starts.
There is a second hurdle many owners do not expect. A business has to show real harm, and in some countries the bar is high. In England and Wales, for example, the Defamation Act 2013, section 1 says a statement about a body that trades for profit is only defamatory if it has caused, or is likely to cause, serious financial loss. One unkind review on a profile with hundreds of good ones may not reach that bar, however untrue it is.
This is general information, not legal advice. Whether a particular review is defamatory depends on its exact words, the facts and the country, and only a lawyer qualified where you are can tell you that.
So should I report it to Google or call a lawyer first?
Report it to Google first, in nearly every case. Google’s own legal help page asks people to flag content in the product before they file a legal request, and for good reason: most false reviews are also reviews that violate policy, and a policy case is quicker, costs nothing to file, and does not need you to prove anything in court.
Think of it as two doors. The policy door asks one question: does this review break Google’s published content policy? The legal door asks a harder one: is this review unlawful in your country? The first door is wider. A review can fail the policy test without anyone ever needing to decide whether it is defamatory.
What makes a review violate Google’s policy?
Google’s prohibited and restricted content policy for Maps sets out what a review may not contain. The parts that cover most false reviews we see are these:
- Fake engagement: reviews that do not reflect a genuine experience, including reviews from people who were never customers and reviews posted in bulk from coordinated accounts.
- Conflict of interest: reviews by current or former staff, by a competitor about a rival, or by anyone reviewing their own business.
- Off-topic content: reviews about something other than the experience at that place, such as a political rant or a dispute with someone else.
- Harassment and hate speech: personal attacks on a named member of staff, threats, or abuse.
- Personal information: a review that posts someone’s phone number, home address or other private details.
- Wrong business: a review clearly meant for a different company with a similar name.
Notice what is not on that list: being harsh, being one-sided, or being wrong about a matter of opinion. Google does not judge who is right in a dispute between a business and a real customer. If the reviewer genuinely used you and simply disagrees with you, the policy route will not help, and you should answer the review calmly in public instead.
Two of the most common patterns have their own guides. If the review is from someone who used to work for you, see what to do about a Google review from a former employee. If you suspect a rival, see how to deal with a competitor posting fake reviews about your business.
When does the legal route come in?
When a review does not violate policy, or a policy report has failed, but you believe it is unlawful where you are. Google accepts legal requests about content separately from policy reports, and it lists defamation among the reasons, meaning content that defames you or your business, typically a false statement damaging reputation.
A legal request is not a second policy appeal. Google weighs it against the law of the country concerned, and it may block, limit or remove access to the content, or decline. A court order that has already found the content unlawful carries the most weight, but it is the end of a long road, not the start. This is where a lawyer in your country should guide you.
Can I sue someone for a fake Google review?
Sometimes, yes. If the reviewer can be identified, the review is a false statement of fact and it has caused the level of harm the law in your country requires, a defamation claim may be open to you. In practice, owners run into three problems.
- You may not know who wrote it. Anonymous reviews often need a court order to make the platform disclose account details, which is a legal process of its own, with its own cost and no promise of a useful answer.
- Suing the platform is usually not the way. In the US in particular, federal law generally protects platforms from liability for what their users post, so a claim normally has to be against the reviewer.
- Winning does not always mean removal. A judgment against a reviewer is not automatically an instruction to Google. You may then need to submit the court order through Google’s legal process.
None of this means you should not speak to a lawyer. It means you should speak to one with a clear picture of what you want: the review gone, an apology, damages, or the person stopped from doing it again. Those are different goals with different costs.
How is the law different in the US, the UK, Canada and Australia?
At a very high level, and only as a starting point for a conversation with a lawyer in your country:
- United States: defamation is mainly state law, so the law varies by state. Truth and opinion are strong defences, and platforms are broadly shielded from liability for user content. Many states also have laws against lawsuits used to silence speech, which can leave a business paying the reviewer’s legal costs if a claim fails. Separately, the FTC’s regulation on consumer reviews and testimonials bars businesses from using groundless legal threats to suppress negative reviews.
- United Kingdom: England and Wales, Scotland and Northern Ireland have separate laws. In England and Wales the claimant must show serious harm, and a company must show serious financial loss. Honest opinion and truth are defences. Courts are often seen as more open to claimants than US courts, but cases are expensive and the losing side usually pays a large share of the other side’s costs.
- Canada: defamation is provincial law, and several provinces, including Ontario and British Columbia, have laws that let a court dismiss a claim early when it targets expression on a matter of public interest. Fair comment and truth are defences.
- Australia: the states and territories have largely uniform defamation laws, and most of them have added a serious harm threshold in recent reforms. Most companies cannot sue for defamation at all: in general only not-for-profits and small businesses with few employees that are not related to another company can.
Each of those points has exceptions and has changed over time. Treat this as a map of the questions to ask, not the answers. This is not legal advice.
What does the legal route cost, and what are the risks?
We will not print a figure, because legal fees vary too much by country, firm and case to give one honestly. What we can say is where the costs come from, so you can ask a lawyer to price each stage:
- An initial review of the content and your evidence.
- A letter before claim, also called a cease-and-desist or concerns notice depending on the country.
- An application to identify an anonymous reviewer, if needed.
- Issuing and running a claim, including the other side’s costs if you lose.
- Enforcing the result, including a request to the platform with the court order.
The risks are not only financial. A claim takes months, sometimes years, and the review usually stays up while it runs. The reviewer may defend it, and if they show their account was substantially true or an honest opinion, you will have spent money to have a court agree with them. Where laws protect speech on matters of public interest, a failed claim can leave you paying their costs too.
What is the Streisand effect, and could it happen to me?
The Streisand effect is the name for what happens when trying to suppress something draws far more attention to it than it had before. One review read by a handful of people becomes a local news story, a forum thread or a viral post about “the business that sued its customer”.
Small businesses are more exposed to this than large ones, because a single story can become the first thing people find when they search your name. The risk is highest when the reviewer was a real customer, when the complaint has a grain of truth, or when the first move is an aggressive legal letter. A quiet policy report carries far less of this risk than a public legal fight.
The same thinking applies to anyone who contacts you offering to make reviews disappear for a fee, or threatening more of them unless you pay. Do not engage. Our guide to Google review extortion scams explains what to do instead.
What evidence should I keep, whichever route I take?
Keep it now, before anything changes. Reviews get edited, accounts get deleted, and a report or a letter can prompt the reviewer to tidy up. A good file has:
- A full-page screenshot of the review showing the reviewer’s name, the date, the star rating and the text, plus the review’s own link.
- A screenshot of the reviewer’s public profile and their other reviews, which often show a pattern.
- Your records: a search of your customer system, bookings, invoices or CCTV logs showing no matching customer, or the real details of the transaction if there was one.
- Anything that links the reviewer to a competitor, a former employee or another account, kept factual and without guessing.
- Any messages from the reviewer or from anyone asking for money to remove reviews.
- Evidence of harm, if you might go the legal route: canceled bookings that mention the review, or a change in inquiries you can date to it.
- A short timeline: when the review appeared, when you reported it, the reference numbers Google sent you and each response.
Do not reply in anger, accuse the reviewer by name in public, or post their personal details. Each of those can hurt a policy case and a legal one.
What is the sensible order of steps?
- Keep the evidence, and check whether the review breaks the platform’s policy.
- If it does, take the policy route first and reply calmly in public.
- If it is a damaging false statement that breaks no policy, speak to a lawyer before anything else.
Where does Erase Trax fit in?
We work only on the policy route, through the platform’s official channels, and the platform makes the final decision. We never need your login, we never write, buy or incentivize reviews, and you pay only once a removal is verified. We are not a law firm and do not give legal advice; where a review needs the legal route, we will tell you so. The free review audit sorts your reviews into those with a policy case and those without.
Sources
- Prohibited and restricted content (Maps user contributed content policy)Google
- Defamation Act 2013, section 1legislation.gov.uk
- Federal Trade Commission announces final rule banning fake reviews and testimonialsUS Federal Trade Commission
The policies and laws above are the platforms’ and regulators’ own pages. This article explains them in plain words; it is not legal advice.
About this guide
Written by the Erase Trax review team: specialists in review policy, working with businesses in the United States, the United Kingdom, Canada, Australia and the United Arab Emirates. Each guide is written against the platforms’ own published policies. Last reviewed .
- We never need your login
- We never buy, write or incentivize reviews
- The platform makes the final decision



