False Google Reviews: When Is It Defamation?

Online reviews have become a powerful influence on consumer decision-making. For many businesses, a single Google review can significantly affect reputation, client trust and revenue. While negative feedback is an unavoidable part of operating in a competitive market, false and damaging allegations raise a very different issue.

Many business owners understandably ask: Is a bad Google review defamation? And if it is false, can it be removed?

The answer depends on the content of the review and the impact it has caused.

When Does a Google Review Become Defamation?

In Australia, defamation law is governed by uniform legislation across the states and territories. To establish defamation, a business (or individual) must prove that material has been published to a third party, that it identifies them, and that it has caused, or is likely to cause,  serious harm to their reputation.

A Google review will almost always satisfy the publication requirement. So, the key issues will usually always concern whether the review conveys defamatory imputations and whether the serious harm threshold is met. Since reforms introduced in 2021, trivial reputational damage is not sufficient. A claimant must demonstrate real and substantial harm.

Importantly, not every negative review is defamatory. The law recognises a defence of honest opinion. Customers are entitled to share genuine experiences, even if those views are critical or robustly expressed. Statements such as “I was disappointed with the service” or “I would not recommend this business” are typically opinions. Even strongly worded criticism will not necessarily give rise to legal liability if it is honestly held and based on proper material.

However, the position changes where a review makes false statements of fact, particularly allegations of dishonesty, fraud, theft, criminal conduct, or professional misconduct. Accusations of this nature are far more likely to damage a business in a serious and measurable way. For professionals, directors, and regulated industries, such allegations can have immediate and significant consequences.

What About Fake or Malicious Reviews?

A further complication arises where reviews are not merely exaggerated but entirely fabricated. Businesses are increasingly encountering reviews posted by competitors, former employees, or individuals who have never engaged their services.

Where a review is false and published with the intention of damaging a business, a defamation claim may arise. In certain circumstances involving competitors, there may also be broader commercial law implications. Each case requires careful assessment of the wording used, the surrounding circumstances, and the evidence available.

Can a False Google Review Be Removed?

If a review crosses the legal line, there are mechanisms available to seek its removal. The appropriate course will depend on the seriousness of the allegation and the harm suffered.

The first practical step is often to utilise Google’s reporting process. Google has content policies prohibiting fake engagement, harassment, and certain unlawful content. While Google does not adjudicate legal disputes in the way a court does, clearly false or policy-breaching reviews may be removed through this channel. That said, success is far from guaranteed, particularly where the review is framed as opinion.

If informal reporting does not resolve the issue, Australian defamation law provides a more structured pathway. Before commencing proceedings, an aggrieved party is required to issue a Concerns Notice to the publisher. This formal document sets out the defamatory imputations, explains the serious harm caused, and provides the reviewer with an opportunity to make amends. In many cases, a properly drafted Concerns Notice results in removal, correction, or apology without the need for litigation.

Where a fake review is anonymous, this present an additional challenge. Where the identity of the reviewer is unknown, it may be possible to apply to the Court for preliminary discovery orders compelling disclosure of identifying information from a platform or internet service provider. This is particularly relevant where serious allegations have caused financial loss or there is evidence of a coordinated campaign of damaging publications.

If a matter cannot be resolved by agreement, the Court has power to order removal of the material, grant injunctive relief to prevent further publication, and award damages where serious harm is established. The quantum of damages will depend on the gravity of the allegations, the extent of publication, and the impact on the business.

Should You Respond Publicly?

From a reputational perspective, businesses often feel compelled to respond immediately. While a calm and professional response may be appropriate in some situations, a reactive or defensive reply can sometimes escalate the dispute or inadvertently strengthen a potential claim.

Care must also be taken not to disclose confidential information or make statements that could give rise to further legal exposure. Where allegations involve dishonesty, criminal conduct, or regulatory breaches, it is generally prudent to seek advice before engaging publicly.

Taking Early Advice Matters

Defamation claims in Australia are subject to a strict one-year limitation period, with extensions granted only in limited circumstances. Delay can affect both legal rights and strategic options.

Not every negative review warrants legal action. However, where allegations are false and damaging, particularly those suggesting fraud or criminal behaviour, early legal advice can be critical in containing reputational harm and preserving evidence.

Our team regularly advises Australian businesses on managing and resolving disputes arising from online publications, including Google reviews. We assist with strategic advice, drafting Concerns Notices, seeking removal of defamatory material, and pursuing court remedies where necessary.

If your business has been affected by a false or damaging online review, we can help you assess your options and determine the most effective and commercially sensible course of action.

The content in this Article is intended only to provide a summary and general overview on matters of interest. It is not intended to be comprehensive nor does it constitute legal advice. It should not be relied upon as such. You should seek legal or other professional advice before acting or relying on any of the content.

ABOUT THE AUTHOR

Katie O'Brien is an enthusiastic and driven member of our team. With a genuine focus on understanding each client’s unique needs, she uses her legal expertise to craft tailored strategies that deliver exceptional results.

Katie focuses on assisting clients in areas of defamation, social media, creative industries, employment law, and commercial litigation. Holding a Bachelor of Laws and a Bachelor of Media (Public Relations and Social Media) from Macquarie University, Katie applies her legal knowledge and strong understand of the digital world to expertly navigate the unique challenges arising in these sectors.