Cyber crimes such as internet defamation are often left unsolved because of lack of knowledge when it comes to the right approach to take. More often than not, the main concern of business owners is to have these defamatory internet reviews removed from the website instead of catching the person behind these attacks. A situation wherein someone spreads false information about a person or business online can be considered internet defamation and this action usually intends to ruin the reputation of the business owner and the business itself. Fake reviews can cause major damage to a business as it can drive away customers and decrease revenue with the possibility of the company closing down if it fails to recover from the blow.

 Dealing with Fake Reviews Legally

Going through legal proceedings gives you the highest chance of resolving defamatory internet reviews. Most websites will not budge an inch over your request to delete a fake review since they are under the law and their users are also protected by the law in terms of privacy. If you go to court and obtain an order, however, even the biggest websites are obliged to comply with the court’s request. Filing a defamation lawsuit is necessary to be able to identify the person behind the fake reviews as well as to get the website to remove the review in the event that it is found by the court of law as defamatory. Getting the information you need requires a court order for a subpoena and only then the website will be able to provide you with user records pertinent to your case.

 Facts on Subpoena

You cannot sue the website where the review is posted as under Section 230 of the Communications Decency Act, they are not liable for content posted by their users as they are only considered to be third party re-publishers and not the actual author of the reviews. The most they can do is to comply with a subpoena from court and supply needed information that may help you with your case against the writer of the fake review. The subpoena should be stamped by the court and a copy should be served properly to the website company. Keep in mind that websites will only be able to provide limited information regarding the user because of privacy laws. 

A Simpler Yet Less Effective Alternative

Some business owners simply do not have the finances to pursue a case in court. Lawyer’s fees and other costs involved in litigation often reach thousands of dollars which businesses, especially small ones, may not be able to afford. If this is the case, you may try to contact the website’s publisher to have the defamatory internet reviews removed. Removal of a review is entirely up to the discretion of the publisher and this is usually ineffective. However, it wouldn’t hurt to try especially if the content of the review is profane. Some websites allow you to mark the review as spam or inappropriate and takes you to a window where you can fill out a complaint form.