A false review, a disparagement campaign, a few malicious posts: online, harm to a business’s reputation is fast, visible and lasting. Against such attacks, the law offers effective responses — but the right characterisation must be chosen and action taken quickly, because the time limits to go to court differ according to the nature of the statements.
As an online reputation lawyer in Paris, Maître Léa Scemama assists businesses and their executives to stop wrongful content, obtain its removal and repair the harm — while securing the response strategy, since a clumsy reaction can make things worse.
Online reputation, an asset to protect
A company’s digital reputation now determines the trust of customers, partners and candidates. A well-ranked disparaging piece, a fake review at the top of the results, a rumour relayed on social media can divert customers and lastingly affect turnover. The response is not limited to communication: it is also, often, a legal matter.
Disparagement or defamation: a decisive distinction
Everything begins with characterising the statements, because it determines the legal basis, the procedure and the time limit to act. Disparagement means publicly discrediting the products, services or activity of a business. It falls under ordinary civil liability — articles 1240 and 1241 of the Civil Code — and is often linked to unfair competition. Its limitation period is five years.
Defamation, by contrast, targets harm to a person’s honour or reputation through the allegation of a specific fact. It is governed by the law of 29 July 1881 on freedom of the press, whose formalism is demanding and whose limitation period is very short: three months. A mistake in characterisation can defeat the action; this is the first point the firm secures.
Fake and abusive reviews
Online reviews are a particularly sensitive area. A dissatisfied customer has the right to express a negative opinion in good faith; however, a false review, a fake review from a competitor or a former employee, or a criticism that goes beyond measure and wrongfully discredits, engage the author’s liability. Case law recognises that publishing fake reviews harming a business is a compensable loss under article 1240 of the Civil Code.
Having wrongful content removed
Several levers exist, to be combined according to urgency and objective. Reporting to the platform or host, on the basis of the law applicable to illicit content, can achieve an amicable removal. A formal notice to the author, where identified, resolves many situations. And where the harm is manifest, interim proceedings before the court can urgently obtain removal of the content and, where appropriate, identification of its author.
Compensating the harm
Beyond removal, the victim business can claim compensation for the economic and moral harm suffered. Where the statements come from a competitor, the action connects to unfair competition and may combine with broader commercial litigation. The firm gathers the evidence — bailiff reports, time-stamped captures, analysis of the scale of dissemination — essential to establish the fault and quantify the damage.
Why an online reputation lawyer?
In online reputation matters, haste and improvisation are costly: an ill-founded action can be dismissed, a clumsy public response can amplify the attack. The lawyer characterises the statements precisely, chooses the most effective basis and procedure, meets the deadlines and steers the strategy from end to end, from content removal to compensation.
Frequently asked questions
What is the difference between disparagement and defamation?
Disparagement means discrediting the products, services or activity of a business; it falls under civil liability (articles 1240 and 1241 of the Civil Code) and is time-barred after five years. Defamation targets harm to a person’s honour or reputation through the allegation of a specific fact; it falls under the law of 29 July 1881, with strict formalism and a very short three-month limitation period. Correctly characterising the statements is decisive for the choice of action.
Can I have a fake Google review removed?
A false or disparaging review is not protected by freedom of expression. Courts accept that publishing fake reviews harming a business is a fault that can be compensated under article 1240 of the Civil Code. Depending on the case, one can obtain removal of the review from the platform, identification of its author and compensation for the loss.
Can a former employee or competitor be held liable?
Yes. Courts have already convicted a former employee who posted a very negative review against their former employer, as well as a competitor spreading disparaging statements. Freedom to criticise has limits: where statements go beyond mere opinion and wrongfully discredit, the author’s liability may be engaged.
Is it important to act quickly?
Yes, for two reasons. First because the disputed content keeps causing harm while it remains online; interim proceedings can obtain its swift removal. Second because the characterisation adopted determines the deadline: only three months for defamation. It is therefore essential to seek advice without delay to preserve your rights.