What Makes a Google Review Defamatory?

Most negative reviews are not defamatory. A review generally only crosses the line when it conveys a damaging claim about an identifiable person, causes or is likely to cause serious harm, and has no defence such as truth or honest opinion. This checklist helps you work through those questions before deciding what to do.

Written by Konrad Weber · Reviewed by Andrew Foster, Review Removal Specialist · Updated 2026-10-11

The legal framework in one paragraph

Australia does not have a single national defamation statute. Each state and territory has its own legislation based on the Model Defamation Provisions (most jurisdictions' Acts date from 2005 or 2006). Reforms commenced on 1 July 2021 in several jurisdictions, including New South Wales, Victoria, Queensland, South Australia and the ACT, and introduced a serious harm threshold and a concerns notice requirement. Other jurisdictions have adopted the reforms at different times, and Western Australia has moved more slowly, so check the current Act where you are. For a fuller explanation, read our page on online defamation.

Checklist: is this review potentially defamatory?

1. Does it make a factual claim, or express an opinion?

This is usually the deciding question. "The food was bland and overpriced" is opinion. "The chef reuses food from other customers' plates" is an allegation of fact. Opinions based on true facts are generally protected; false factual allegations are where defamation risk sits. Watch for opinions that imply undisclosed facts, such as "I'd never trust these people with money," which may carry an implied allegation of dishonesty.

2. What imputation does it convey?

Lawyers talk about "imputations", the meaning an ordinary reasonable reader would take from the words. Ask yourself, in one sentence, what the review says about the person. Typical defamatory imputations in reviews include dishonesty, fraud, criminal conduct, incompetence that endangers people, or professional misconduct.

3. Who is identified?

Defamation protects people's reputations. The review must be about an identifiable person, either by name or because readers would recognise them, such as "the owner" of a small business or "the only female dentist at the practice." For a corporation, see the next point.

4. Can the person identified actually sue?

Under the Model Defamation Provisions, a corporation has no cause of action for defamation unless it is an excluded corporation: one formed not for financial gain, or one with fewer than 10 employees that is not an associated entity of another corporation (and in either case not a public body). Part-time employees count as a fraction. So a business with 30 staff generally cannot sue, but its individual owner or a named manager may be able to. Our page on business defamation explains this further.

5. Is there serious harm?

In jurisdictions that have adopted the reforms, the person must show the publication caused, or is likely to cause, serious harm to their reputation. For an excluded corporation, harm is not serious unless it has caused or is likely to cause serious financial loss. A single grumpy comment buried among hundreds of positive reviews may struggle to meet that threshold. A false fraud allegation sitting at the top of a small clinic's profile may be different.

6. Does a defence apply?

• Justification (truth): if the imputations are substantially true, the claim fails.
• Honest opinion: an opinion, rather than a statement of fact, on a matter of public interest, based on proper material, can be protected.
• Public interest: in jurisdictions with the reforms, a defence exists where the matter concerns an issue of public interest and the publisher reasonably believed publishing it was in the public interest.
• Qualified privilege and other defences may apply in particular circumstances.

Worked examples

For example, imagine these hypothetical reviews of a small plumbing business run by its owner, Alex:

• "Alex was late and the price was higher than the quote." Probably not defamatory if true, and an ordinary customer complaint.
• "Terrible service, I'd never use them again." Opinion. Not defamatory.
• "Alex isn't licensed and fakes compliance certificates." A serious factual allegation about an identifiable person. If false, it is the type of review that can be defamatory.

Practical steps if the answers point to defamation

1. Preserve the evidence: screenshots, the review URL, the date and any impact (cancelled bookings, enquiries).
2. Report through Google's tools first. Many defamatory reviews also breach Google's policies, for example on harassment or fake engagement. See how to remove a Google review.
3. Consider Google's legal removal request. Google asks for the exact URL and a specific explanation of why the content is unlawful.
4. Get legal advice before contacting the reviewer. In reform jurisdictions, a concerns notice must be given before proceedings can start, and limitation periods are short (generally one year from publication).

For the formal route through Google, see our page on legal removal of Google reviews.

Where G-DEFENCE fits

G-DEFENCE helps Australian businesses identify reviews that may be defamatory or otherwise unlawful and lodges complaints through Google's official channels. We are not lawyers and do not give legal advice. If a matter needs court action, we will say so. See our defamatory Google reviews service for how we assess these cases.

If you have a review that makes serious factual allegations, request a free assessment and we will tell you whether it looks suitable for a complaint to Google.

Sources

• Parliamentary Counsel’s Committee: Model Defamation Provisions (consolidated, 22 September 2023)
• NSW Department of Communities and Justice: Review of the Model Defamation Provisions
• Google Legal Help: Report content for legal reasons
• Google Maps User Contributed Content Policy: Prohibited and restricted content