Online reviews have become part of everyday life. Whether it is a Google review, a comment on an e-commerce platform or a social media post, consumers regularly share their experiences with businesses, particularly when something has gone wrong.
But how far can you go when writing a negative review?
I recently joined Daniel Martin on CNA938 TalkBack to discuss this question following a Singapore case involving a retailer and a customer who had posted a negative online review.
Our discussion focused on where the line may lie between legitimate consumer criticism and potentially defamatory statements, and what consumers should think about before posting online. CNA describes the discussion in those terms.
The important point is that a negative review alone is not automatically defamatory. You are entitled to describe a genuine bad experience.
Problems can arise, however, when a review goes beyond describing what happened and makes serious allegations that cannot be supported by evidence.
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Can You Be Sued for a Negative Online Review?
Yes, potentially. Publishing something online does not put it outside Singapore’s defamation laws.
However, the fact that a business considers a review unfair, damaging or unpleasant does not necessarily mean that it is defamatory.
A review needs to be considered according to the words actually used, their meaning and the context in which they were published.
That distinction matters because online reviews exist specifically to allow consumers to share their experiences, and those experiences will not always be positive.
When Can an Online Review Become Defamatory?
The legal analysis of defamation can be complex, but from a consumer’s perspective there is a useful starting point:
What exactly are you saying about the person or business?
There is a difference between writing:
“I waited three weeks for my refund despite contacting the company several times.”
and:
“This company deliberately steals customers’ money.”
The first describes an experience.
The second makes a much more serious allegation about the company’s conduct and intentions.
The further your review moves from describing what actually happened towards accusing someone of dishonesty, fraud or other wrongdoing, the more careful you should be about whether you have a proper basis for what you are saying.
Does It Matter If What I Say Is True?
Yes.
If you are describing a genuine experience, accuracy matters.
Suppose you say that an item arrived late, that you were refused a refund or that you contacted the business five times without receiving a response. Those are factual statements that may potentially be checked against records.
That is why I would encourage consumers to stick closely to what actually happened.
If a dispute subsequently develops, emails, WhatsApp messages, photographs, invoices, receipts, delivery records and screenshots may help establish the circumstances surrounding the review.
You do not need to make your experience sound worse than it was for a review to be effective. The facts can often speak for themselves.
What Is the Difference Between Fact and Opinion?
Online reviews frequently contain both.
You might state:
“The delivery arrived two days late.”
That is a statement about what happened.
You might then say:
“I was very disappointed with the service.”
That is clearly your assessment of the experience.
Problems may arise where something presented as an opinion actually contains or implies a serious factual allegation.
Simply adding “in my opinion” before an accusation does not necessarily resolve that problem.
For example, writing “In my opinion, this business is committing fraud” still carries a very different implication from saying “I was unhappy with how my refund was handled.”
Should You Use Words Such as “Scam” or “Fraud”?
This is an area where I would exercise particular caution.
Words such as “scam”, “fraud”, “cheat”, “criminal” or “dishonest” can imply deliberate wrongdoing.
A consumer may be extremely frustrated and use those words conversationally. But when they are published online to potentially hundreds or thousands of people, they can carry serious implications.
Before using language like this, ask yourself:
Do I actually have evidence supporting that allegation, or am I using a very strong word to describe how angry I feel?
If what you really mean is that the company did not provide the service you expected, refused a refund or handled your complaint poorly, it may be more accurate, and more useful to other consumers, simply to explain what happened.
How Can I Write a Negative Review More Carefully?
A useful approach is to treat your review as a record of your experience rather than an attack on the business.
Explain what you purchased or arranged, what happened, what you were told, what steps you took to resolve the problem and what the outcome was.
You can then explain how you felt about that experience.
For example:
“My delivery was scheduled for Monday but arrived on Thursday. I contacted the company twice during that period. I was disappointed with the communication and would take this into consideration before purchasing again.”
That tells other consumers something useful without unnecessarily speculating about the company’s motives.
Should I Keep Evidence of What Happened?
If you are posting about a significant dispute, it is sensible to retain relevant records.
Depending on the circumstances, these might include:
- receipts or invoices;
- emails and messages;
- photographs;
- delivery information;
- screenshots of conversations or relevant website information; and
- correspondence concerning refunds or complaints.
This does not mean you should prepare for litigation every time you leave a one-star review.
It simply means that if you are making factual statements publicly, you should be comfortable that they accurately reflect what occurred.
What If a Business Threatens Legal Action Over My Review?
Do not assume that receiving a demand to remove a review necessarily means that you have defamed the business.
Equally, do not ignore the matter simply because you believe your review is justified.
Look carefully at the precise words you used.
Consider what was factual, what was opinion, what evidence you have and whether any statement could reasonably be understood as making an allegation that goes further than your actual experience.
If the allegation is serious or you receive a lawyer’s letter, obtaining legal advice before responding or making further public comments may be sensible.
What Should Businesses Do About Negative Reviews?
Businesses understandably want to protect their reputations. A false allegation posted publicly can potentially cause real commercial damage.
But there is an important distinction between a genuinely defamatory statement and a customer expressing legitimate dissatisfaction.
Before responding aggressively to a negative review, businesses should examine what was actually said, whether the factual statements are correct and whether the review expresses an opinion based on the customer’s genuine experience.
Sometimes the better response may be to address the complaint.
In other circumstances, particularly where false allegations of serious wrongdoing are being circulated, legal advice may be appropriate.
My View
One of the useful lessons from my discussion with CNA938 is that consumers should not be afraid to give an honest account of a bad experience.
But honesty and accuracy matter.
Before posting a strongly worded review, I would ask three questions:
- Is this what actually happened?
- Can I support the important factual statements I am making?
- Am I describing my experience, or am I accusing someone of something I cannot establish?
Online reviews are valuable precisely because they allow consumers to share their experiences. Keeping your review factual, proportionate and grounded in what actually occurred makes it more useful to other consumers, and may also reduce the risk of an unnecessary legal dispute.
Listen to Noelle Teoh on CNA938 TalkBack
Noelle Teoh joined Daniel Martin on CNA938 TalkBack to discuss online reviews and defamation, including what consumers should consider before posting criticism of a business online.
[Source: CNA 938 Rewind]
Concerned About an Online Review or Defamatory Statement?
Whether you are an individual who has been asked to remove a review or a business concerned about potentially false and damaging statements, the exact words used and the surrounding circumstances matter.
Our civil dispute lawyers can advise on defamation and online publications, including assessing the statements made, potential legal risks and the appropriate next steps.


