Can You Take Legal Action Over a Defamatory Google Review?

The review says you kept a customer’s deposit and “should be in jail”. None of it is true. You’ve reported it, Google has left it up, and enquiries have dropped off.

In Australia, you can sometimes take legal action. Individuals and small companies with fewer than 10 employees can sue for defamation over a false review that causes serious harm. You’ll usually need to send a concerns notice first, and you generally have one year from publication. It’s slow and costly, so treat it as a last resort.

We’re not lawyers at BuyReviews. This is general information to help you decide when to call one, and what to do alongside, including the steady work to get 5 Star Google Reviews that rebuild your standing.

Can you take legal action over a defamatory Google review?

Yes, in the right circumstances. Australian defamation law covers online reviews the same way it covers a newspaper article.

Two cases from 2020 show it’s real. The South Australian Supreme Court awarded an Adelaide barrister $750,000 over a Google review from a woman who had never been his client. And the Federal Court ordered Google to hand over details of an anonymous reviewer so a Melbourne dentist could consider suing.

Outcomes like those are rare. Both cases also came before law reforms in 2021 that raised the bar for bringing a claim.

What makes a review defamatory?

Lawyers look for a few things. The review has to make a statement that damages your reputation, it has to be published to at least one other person, and since the 2021 reforms you generally must show it has caused, or is likely to cause, serious harm.

Not every negative review qualifies. “Slow service, wouldn’t go back” is a customer’s opinion of a real experience. “They stole my deposit” is a claim of fact, and if it’s false, that’s a different matter.

In our experience, most reviews that owners call defamatory are harsh opinions. Those are better handled with a reply.

Who is allowed to sue?

This catches many owners out. Under Australia’s uniform defamation laws, companies generally can’t sue unless they’re an “excluded corporation”.

That usually means a for-profit company with fewer than 10 employees that isn’t related to another corporation, or a not-for-profit. Sole traders and partners sue as individuals. Owners, directors or staff who are personally named or clearly identifiable in a review may be able to sue in their own right.

Larger companies aren’t without options. Lawyers point to a separate claim called injurious falsehood, and a lawyer can tell you if it fits.

What do you have to prove?

For an individual, serious harm to reputation. For an excluded corporation, serious financial loss. That means evidence: enquiries before and after, cancelled bookings, customers who mention the review.

You also need to know who to sue. If the reviewer used a false name, that’s an extra hurdle, covered below.

Is there a time limit?

Yes, and it’s short. You generally have to start proceedings within one year of the review being published, with only limited extensions.

A year disappears quickly while you’re waiting on Google’s report and appeal process. If a review is false and damaging, talk to a lawyer in the first few weeks.

What if you don’t know who wrote it?

You may be able to find out through the courts. In the Melbourne dentist’s case, the Federal Court ordered Google to provide the information it held on the reviewer, reported to include names, phone numbers and IP addresses.

Reporting at the time noted that Google has typically only revealed a reviewer’s identity under a court order. So you’d be paying for one court application before the main case starts.

What should you try before going to a lawyer?

Work through these first. They cost nothing, and a lawyer will ask if you’ve done them.

1. Screenshot the review with its date, and the reviewer’s profile.
2. Check your records for the reviewer, and note what’s provably false.
3. Report the review. Search your business name on Google, select Read reviews, select the three dots, then Report review. Google’s policy lists defamatory language and fake content as violations.
4. Check the status in the Reviews Management Tool after a few days.
5. If Google declines, submit your one-time appeal with Appeal eligible reviews.
6. Keep a simple record of lost enquiries and cancellations from the date the review appeared.

Step 6 matters more than it looks. Serious harm is hard to prove later if you didn’t record it at the time.

Should you reply to the review?

Yes, with care. A short, calm reply protects you with customers while everything else plays out.

We have no record of the events described, and we take allegations like this seriously. Please contact us directly on [phone number] so we can look into it.

Don’t threaten legal action in the reply, and don’t call the reviewer a liar. An angry reply can be used against you later. If you’ve already hired a lawyer, ask them before you post. This is one of the few times we’d say that about how to respond to negative Google reviews.

What does the legal process look like?

In most states and territories, it starts with a concerns notice. That’s a formal letter to the reviewer setting out what was said, why it’s defamatory and the harm caused.

The reviewer then has a chance to make amends, such as removing the review and apologising. Lawyers say a well-drafted notice often ends the matter there. Court comes only if it doesn’t.

Is it worth it?

Often not, and a good lawyer will tell you so. You need a false statement of fact, proof of serious harm, a reviewer you can identify, and one who can pay.

Where it can be worth it is a clearly false allegation of serious wrongdoing that’s costing you real money. For everything else, your time is better spent elsewhere.

What can you do in the meantime?

Keep honest reviews coming, so one false one isn’t the first thing people see.

1. On a computer, open your Business Profile, select Read reviews, then Get more reviews, then Copy. Google provides the link, so there’s no need for a Google review link generator.
2. Ask every customer in person on the day you finish their job.
3. Text the link within the hour, or send a short review request email template.
4. Send one reminder a week later.

BuyReviews can run this for you. You share your customer list, we send the requests and reminders, and your customers write their own words. We can also help with reporting and appeals, the proper way to remove fake Google reviews. It’s how we help clients get Google reviews and improve Google reviews while a dispute drags on. Legal action is the far end of online reputation management in Australia, and most businesses never need to go there.

Frequently asked questions

Can I sue someone for a bad Google review in Australia?

Sometimes. If the review makes false statements that seriously harm your reputation, defamation law may apply. Individuals, sole traders and companies with fewer than 10 employees can generally sue. You’ll usually need to send a concerns notice first and act within one year. Get legal advice early, because the rules are strict.

Can a company sue for defamation over a review?

Only some. Under Australia’s defamation laws, a company generally can’t sue unless it’s an excluded corporation, which usually means fewer than 10 employees and no related companies, or a not-for-profit. It must also show serious financial loss. Owners or staff who are personally named in a review may be able to sue as individuals.

How long do I have to take legal action?

Generally one year from the date the review was published, with only limited extensions. That’s short, and time passes quickly while you wait on Google. If a review is false and damaging, see a lawyer within the first few weeks, even if you’re still working through Google’s reporting and appeal process.

Can I find out who wrote an anonymous review?

Possibly, through the courts. In 2020 the Federal Court ordered Google to hand over identifying details of an anonymous reviewer so a Melbourne dentist could consider a defamation claim. Google has typically only revealed a reviewer’s identity under a court order. It means paying for a court application before the main case even starts.

Is a negative opinion defamatory?

Usually not. Defamation is about false statements that harm reputation, and not every negative review qualifies. ‘The service was slow and I wouldn’t go back’ is an opinion based on an experience. ‘They stole my deposit’ is a statement of fact, and if it’s false, that’s where legal advice becomes worth seeking.

What should you do next?

Save your evidence and report the review today. If it makes a false allegation of serious wrongdoing, book a first conversation with a defamation lawyer this month, because the one-year clock is already running.

Alongside that, rebuild. Send BuyReviews your customer list and we’ll help you get Google reviews from real customers while the legal side takes its course.