A negative review is not unlawful simply because it is negative. Customers are entitled to be dissatisfied and to say so, and freedom of expression protects a great deal of blunt opinion. A review crosses into an unlawful act (onrechtmatige daad, article 6:162 of the Dutch Civil Code) when it states false facts, makes unsupported allegations, or forms part of a campaign of anonymous postings designed to damage a business rather than to inform other customers.
How do Dutch courts weigh a review?
Courts weigh the reviewer’s freedom of expression against the business’s right to honour and reputation. Factors include the seriousness of the allegations and their consequences, how well the allegations are supported by facts known at the time, the wording used, the reach of the publication, and the public interest in the information.
Where does the line usually fall?
An opinion about service, price or quality remains protected even when expressed sharply. A factual claim that is untrue – that a business defrauded a customer, is under investigation, or that a professional is unqualified – is not protected, and the person who made the claim carries the burden of showing a factual basis for it.
Two patterns tend to tip the balance further: several reviews posted by the same person under different names, which creates a false impression of a pattern of complaints, and a review posted as leverage in a payment dispute, which reads as pressure rather than information.
What can you claim if a review is unlawful?
You can require removal of the review, a rectification, an injunction against repetition backed by a penalty payment, and damages for financial loss and reputational harm. Summary proceedings (kort geding) are the usual route, because the damage continues for as long as the review stays online.
Can you unmask an anonymous reviewer?
Anonymity is not a shield. A platform can be ordered to hand over the data it holds about a poster if the content is sufficiently likely to be unlawful, you have a genuine interest in the data, there is no less far-reaching way to obtain it, and the balance of interests favours disclosure. This test goes back to the Dutch Supreme Court’s Lycos/Pessers ruling and remains the route by which most anonymous review campaigns are eventually traced to their author.
What should you do first?
Secure the evidence before anything can be deleted: dated screenshots of the review, the reviewer’s profile and the surrounding page. Then use the platform’s own reporting tool, which resolves a good number of cases on its own.
If that does not work, a lawyer’s letter to the reviewer, where identifiable, resolves a good proportion of the remaining cases, and litigation remains the last step rather than the first.
Should you reply publicly to a negative review?
Be careful. A defensive public reply that discloses details of the customer’s file creates a data protection problem on top of the reputational one, and every future reader of the page will see it.
What if you are the reviewer?
Describe what you experienced, keep fact and opinion clearly separate, keep your evidence, and do not post under more than one name. A review that stays within those limits is very difficult to challenge successfully.
In summary
- A review is unlawful when it states untrue facts or forms part of a campaign to damage a business, not merely because it is negative.
- Courts weigh freedom of expression against the business’s right to honour and reputation, based on the seriousness, factual support, wording and reach of the review.
- You can claim removal, rectification, an injunction with a penalty payment, and damages, usually through summary proceedings.
- Platforms can be ordered to disclose an anonymous poster’s data once a defined set of conditions is met.
- Secure your evidence first, then try the platform’s reporting tool and a lawyer’s letter before considering litigation.
Frequently asked questions
Can a business force the removal of a true but harsh review?
No. A harsh but factually accurate opinion is protected by freedom of expression, however unwelcome it is for the business.
How long does it take to get an unlawful review removed?
A platform’s own reporting route can work within days. Summary proceedings typically produce a ruling within weeks, though timing depends on the platform and the court’s schedule.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our IT lawyer page.
