False reputation-damaging allegations, legitimate criticism, opinion and good-faith complaints are distinct matters. The appropriate civil or criminal remedy depends on the full context of the post and the applicable exceptions.
Section 356 of the BNS concerns criminal defamation. Truth alone is not a complete defence in every criminal defamation situation; questions such as public good may also be relevant. Fair criticism and a good-faith complaint to a competent authority must be considered in their respective contexts. Mere offence does not establish defamation.
What should you do now?
- Preserve the complete URL, date, author, any available record of the post’s reach, and the post itself.
- Identify the incorrect facts and request a correction or removal.
- If necessary, consider an appropriate notice, platform complaint or court remedy.
Which documents should you keep?
The post, comments, URL, records relating to identification, and evidence of actual loss.
Avoid this mistake
Publishing insulting allegations in response or spreading the post further may increase the harm.
A hypothetical example
A customer wrote a measured review about their actual poor experience. Another post made an unsupported allegation of theft. It would not be right to treat the two alike; the facts, good faith, language and public context will be assessed.
Is every negative review defamation?
No. The assessment depends on the truthful experience, opinion, language and context.
Legal basis and useful source
This is general legal information. Advice may differ depending on your facts, the applicable law and the rules in your state.