Analysing Online Reviews in the Light of Defamation

This paper deals with the domains of online reviews and defamation. It initially talks about the evolution of jurisprudence on defamation and about jurisprudence as a tort in Indian law. It then proceeds to discuss about the judicial approach to civil defamation through several case laws. This fundamental differentiation was perceived necessary since defamation is both a crime and a tort in Indian law, and this paper restricts itself to analysing it as a tort, but nevertheless acknowledges the statutes recognizing defamation as a crime as well. The paper then proceeds to discuss about the conflict between free speech and defamation, which subsequently becomes an important factor when analysing online reviews in the light of defamation. The paper proceeds to highlight the importance of online reviews, and the influential factor they play in decision making of the consumers and then proceeds to discuss the problem of fake reviews on the touchstone of the Consumer Protection Act. The paper then proceeds to analyse the online reviews in the light of defamation by posing questions related to the extent of ingenuity and analysing recent judgements and Governmental framework intended to reduce the impact of the same. The paper crystallizes this analysis by presenting a case study of Hassel v Bird, an American Judgement involving the publication of defamatory reviews online and finally proceeds to conclude.