Damages to lawyer for defamatory online reviews

A recent judgment of the South Australian Supreme Court (Cheng v Lok [2020] SASC 14) has awarded a lawyer $750,000 in damages for a defamatory review posted on Google My Business.

The reviewer, Ms Lok, posted an extensive negative review of Mr Cheng, alleging that he was unprofessional, and provided false and misleading advice to his clients. Mr Cheng argued that the review caused him to lose around 80% of his clients and irreparably damaged his reputation and his business.

The court heard that not only had Mr Cheng never been retained as Ms Lok’s lawyer, the pair had never met. When Mr Cheng contacted Ms Lok to remove the review, her response was to change her alias name and post further, similar reviews.

“The only conclusion that can be drawn is that her intention was to destroy the plaintiff’s livelihood, and cause him distress, anxiety and financial hardship.”

This case reaffirms the courts’ willingness to protect victims of false or defamatory online reviews.  The impact caused to the Plaintiff’s business also highlights the substantial financial damage that can be caused to a business from negative content being published online. Bringing genuine legal accountability into the online forum is an area into which Cove Legal has invested significant sector focus.

Cove Legal specialises in resolving legal disputes with particular expertise in bringing and defending defamation claims.  Principal Roger Blow is recognised as a media law expert, particularly in liability arising from the use of social media.  If you are facing damage to your reputation or business due to unfounded online reviews, then contact us today to see how we can help you.

Roger Blow, Practice Director P: +61 8 6381 0326 or e: roger@covelegal.com.au

This publication is not intended to provide and does not provide legal advice. You should seek professional legal advice relating to your specific situation(s) before taking any action based upon its contents.