Submitted by James on Sun, 31/08/2008 - 3:52pm.
Reviews are a great way of adding user-generated content to any website, but what happens when your reviewers turn nasty and leave very critical comments? Not only does it reflect negatively on your own site, but here in Australia there can be legal ramifications.
The laws I am talking about are regarding libel, the written form of slander. It prohibits a writer from damaging the reputation of someone else, known as 'defamation', and the laws are designed to temper the power to falsely sway public opinion that an unscrupulous member of the press or other influential writer might have.
Neither freedom of speech nor freedom of the press are constitutionally guaranteed in Australia in the way they are in US. Instead, there are several acts under which civil or even criminal action action may be brought, with statutes in some jurisdictions providing for fines and even imprisonment for serious offences.
Most defamation cases are civil proceedings, often brought by politicians and corporations who consider someone in the media to have defamed them by publishing information critical of their activities.
Fair Comment
For defendants, there are several legal defences available but the most common for reviewers is that of 'fair comment' or honest opinion. The defence of fair comment is available if the comment or opinion is based on statements of fact which are true or commonly known and if it relates to a matter of public interest.
This protects most reviewers, even those that write negatively, if they express their opinion carefully and lay down a bed of facts before presenting their opinions.