A Question about Defamation on Google

[PomTemer]

Hi folks,

My first post here. Sorry if this is not in the right section!

I have received a defamatory review from a disgruntled neighbour of my business profile on Google. The review is in my opinion clearly in violation of Google's own policies, but despite pointing this out, my two attempts to get the review taken down have both failed, without explanation as to why. I really hate Google...

I understand that Google has managed to establish that they are not liable for any content that is posted on their services by third-parties, but my question is this:

Would Google be liable in any way for failing to adhere to their own terms/ policies with regard to removal of content, if the continued existence of that content has caused damage to one's reputation, mental wellbeing business success?

Many thanks for taking the time to read this!

[dslippy]

Google do not generally publish teir own material. They quote material from third party sites. This makes a big difference when trying to understand what is happening in defamation law.

'Would Google be liable for . . . ?" Their policies are not a contract with you, and I do not see a direct duty in negligence to you.

[PomTemer]

Thanks for your input DSLIPPY.

I wonder what on earth I can do to get this blatant smear review taken down...

There would be no point in threatening to sue this person, as they have no assets that aren't very well hidden, and are protected by a "breathing space" moratorium to boot. So sure of their immunity to litigation, they even invite me to sue them in their "review"!

The only thing that springs to mind is posting a reply that would embarrass the poster enough to get them to take the review down of their own volition.

For example: I have hours and hours of CCTV footage of this neighbour acting like a total thug, threatening me and my wife, forcing their way into my home etc. Would I be within my rights to respond to their review with a link to a video of the above mentioned behaviour?

[atticus]

This is a difficult area, and there is no easy solution. It is often better to try to get as many good reviews as you can, to more than counterbalance the poor one.

Are you able to post a reply?

[dslippy]

If you are rich (very), then defamation proceedings are an option. Otherwise and in any event, as Atti says, work on getting good reviews. People understand that a viosious review can be just as untrustworthy as a good one.

[PomTemer]

Thanks again to both of you for your responses.

Hi Atticus. I am able to reply to the review, yes.

Perhaps I'm letting my temper get ahold of me. The "review" is so insulting and personal that I can't believe Google would not remove it, but there we go.

Just so I'm on your wavelengths, I assume that the lack of a direct response to my question about posting a video in response is your way of telling me not to! If so, message received, and thanks.

[dslippy]

If you respond directly, ypou only double the number of people who will read the original.

[PomTemer]

Fair point DSLIPPY.

Thank you both. It's great to have a bit of sanguine advice when you feel you're surrounded on all sides, I have to say.