Posting a negative online review of a bad experience is reasonable, but always ensure your comments are not offensive, unsubstantiated, or personal. Some cases could lead to legal battles and hefty fines over candid critiques, as businesses become increasingly vigilant about safeguarding their reputations.
Nikhat Sardar Khan, Head of the Corporate, DIFC Litigation, and Arbitration Department at Hilal & Associates Advocates & Legal Consultants, stated, “Digital libel is considered more harmful due to its enduring nature. It can be archived, enhanced through real-time interactions like live streams, podcasts, and video recordings, shared globally, made viral, posted anonymously, and accessed indefinitely.”
Regarding businesses suing for negative reviews, Nikhat explained, “It depends on the content of the review. If the review is insulting, exaggerated, malicious, misleading, incorrect, or advises others not to patronize the business, the penal code and cybercrime law provisions will apply.”
She added, “A company can file both criminal and civil cases to demand the restoration of reputation and compensation. Under Federal Law No 34 of 2021, defamatory statements made online can lead to criminal charges. Civil lawsuits for damages can also be pursued simultaneously.”
Constructive criticism or opinions based on genuine experiences generally do not constitute defamation, as long as they are not insulting or made with malicious intent. However, even factual statements that cause reputational damage can be considered defamatory.
When writing a negative review, follow these guidelines:
1. Be honest and factual. Avoid exaggeration and unsubstantiated claims.
2. Avoid offensive and insulting language that damages reputation.
3. Respect privacy and confidentiality agreements.
