TripAdvisor NOT Getting Sued

TripAdvisor NOT Getting Sued

Author
Discussion

The Moose

Original Poster:

22,849 posts

209 months

Saturday 12th June 2021
quotequote all
I have an idea for a website, similar to TripAdvisor (not rating hotels/restaurants etc) and I wanted to understand how they got around being sued for hosting negative reviews when forums like PH avoid negative reviews of companies.

Camelot1971

2,700 posts

166 months

Sunday 13th June 2021
quotequote all
Loads of other sites, including huge ones like Moneysavingexpert, host very negative reviews but don't get sued or closed down. The PH rules mentions problems for the poster, not the site, if you were to break the name and shame rule.

StevieBee

12,890 posts

255 months

Sunday 13th June 2021
quotequote all
TripAdvisor and similar are benign platforms. In simple terms, they are not publishers but enable anyone to publish their thoughts on their platform. Think of it like a placard. If someone wrote a defamatory message about you and stood outside your house with it, would you take issue with them or the company that provided the materials to make the placard?

Moneysavingexpert and similar are publishers. If they write a bad review then providing that review is objective and based on evidence, then there is no legal recourse available to the company being reviewed.

Where it gets legally tricky is if a review overstates the problem or the author is being subjective.

Auto810graphy

1,402 posts

92 months

Sunday 13th June 2021
quotequote all
Friend with a car dealers had a bad review left on Autotrader as he would not discount a car. The person made false allegations about him and his company so he asked Autotrader to remove but they refused, it was then escalated via solicitors and Autotrader basically turned it on the person who left the review and advised them they would need to defend any legal action. They then asked for it to be removed.

It seems as the hosting review site you can pass any legal complaints onto the person who left the review so you need to keep IP addresses etc.

The Moose

Original Poster:

22,849 posts

209 months

Sunday 13th June 2021
quotequote all
So TripAdvisor actually has no liability for publishing the reviews? Interesting.

I’m not sure I fully understand why forums can get sued but TA can’t. Interesting.

DodgyGeezer

40,452 posts

190 months

Sunday 13th June 2021
quotequote all
The Moose said:
I’m not sure I fully understand why forums can get sued but TA can’t. Interesting.
probably an aggravation factor comes into things too AT/MSE are (I would imagine) a LOT bigger than PH

The Moose

Original Poster:

22,849 posts

209 months

Sunday 13th June 2021
quotequote all
DodgyGeezer said:
probably an aggravation factor comes into things too AT/MSE are (I would imagine) a LOT bigger than PH
That I’m sure is true…but not so helpful if I start a new website wink

Funk

26,277 posts

209 months

Sunday 13th June 2021
quotequote all
I won't use any PHer on recommendation here because of the name-and-shame rule. I did once and had a seriously concerning experience - I can't mention it here though and the PHer is still frequently recommended.

My view is that if you're prepared to make money from PH recommendations, you should be prepared to address negative experiences too.

L0gan5

42 posts

78 months

Monday 14th June 2021
quotequote all
StevieBee said:
TripAdvisor and similar are benign platforms. In simple terms, they are not publishers but enable anyone to publish their thoughts on their platform. Think of it like a placard. If someone wrote a defamatory message about you and stood outside your house with it, would you take issue with them or the company that provided the materials to make the placard?

Moneysavingexpert and similar are publishers. If they write a bad review then providing that review is objective and based on evidence, then there is no legal recourse available to the company being reviewed.

Where it gets legally tricky is if a review overstates the problem or the author is being subjective.
They can lose their section 5 defence though if they fail to deal with any complaints correctly.

Dromedary66

1,924 posts

138 months

Monday 14th June 2021
quotequote all
The Moose said:
I have an idea for a website, similar to TripAdvisor (not rating hotels/restaurants etc) and I wanted to understand how they got around being sued for hosting negative reviews when forums like PH avoid negative reviews of companies.
Because the PH admin team are cowards.

The Moose

Original Poster:

22,849 posts

209 months

Monday 14th June 2021
quotequote all
L0gan5 said:
StevieBee said:
TripAdvisor and similar are benign platforms. In simple terms, they are not publishers but enable anyone to publish their thoughts on their platform. Think of it like a placard. If someone wrote a defamatory message about you and stood outside your house with it, would you take issue with them or the company that provided the materials to make the placard?

Moneysavingexpert and similar are publishers. If they write a bad review then providing that review is objective and based on evidence, then there is no legal recourse available to the company being reviewed.

Where it gets legally tricky is if a review overstates the problem or the author is being subjective.
They can lose their section 5 defence though if they fail to deal with any complaints correctly.
What is "Section 5" please?!

JuniorD

8,626 posts

223 months

Monday 14th June 2021
quotequote all
The Moose said:
L0gan5 said:
StevieBee said:
TripAdvisor and similar are benign platforms. In simple terms, they are not publishers but enable anyone to publish their thoughts on their platform. Think of it like a placard. If someone wrote a defamatory message about you and stood outside your house with it, would you take issue with them or the company that provided the materials to make the placard?

Moneysavingexpert and similar are publishers. If they write a bad review then providing that review is objective and based on evidence, then there is no legal recourse available to the company being reviewed.

Where it gets legally tricky is if a review overstates the problem or the author is being subjective.
They can lose their section 5 defence though if they fail to deal with any complaints correctly.
What is "Section 5" please?!
I think it's the one just before section six.

Cheers

chml

737 posts

109 months

Monday 14th June 2021
quotequote all
The Moose said:
L0gan5 said:
StevieBee said:
TripAdvisor and similar are benign platforms. In simple terms, they are not publishers but enable anyone to publish their thoughts on their platform. Think of it like a placard. If someone wrote a defamatory message about you and stood outside your house with it, would you take issue with them or the company that provided the materials to make the placard?

Moneysavingexpert and similar are publishers. If they write a bad review then providing that review is objective and based on evidence, then there is no legal recourse available to the company being reviewed.

Where it gets legally tricky is if a review overstates the problem or the author is being subjective.
They can lose their section 5 defence though if they fail to deal with any complaints correctly.
What is "Section 5" please?!
https://www.legislation.gov.uk/ukpga/2013/26/section/5/enacted


mikef

4,873 posts

251 months

Monday 14th June 2021
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Ratings sites can afford millions in legal fees...

maffski

1,868 posts

159 months

Wednesday 16th June 2021
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As a part of the Terms & Conditions you agree to '...defend and indemnify the Tripadvisor Companies...'

https://tripadvisor.mediaroom.com/uk-terms-of-use#...