Competitors are posting fake negative reviews about my business online, what can I do?

Question

My business is receiving what appear to be fake or malicious negative reviews on Google/social media, possibly from a competitor, harming our reputation. I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Bharatiya Nyaya Sanhita, 2023 – Section 356 is the starting point for this cyber law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

Fake reviews that are demonstrably false (not genuine customer experiences) and damage your business reputation can amount to defamation under Section 356 BNS, entitling you to file both a criminal complaint and a civil suit for damages plus an injunction.

If the reviewer used a fake identity or bot accounts to post multiple reviews, this could also involve Section 66C (identity theft) and Section 66 (computer-related offence for automated/scripted posting) of the IT Act.

Google and most review platforms have policies against fake reviews and 'reviews not based on a genuine experience' — you can flag and request removal directly, providing evidence like lack of purchase/service record to support your claim.

Under Rule 3 of the IT Rules, 2021, you can also send a formal takedown request to the platform's Grievance Officer, and escalate to the Grievance Appellate Committee if the platform doesn't act despite clear evidence.

If you can identify the competitor behind fake reviews, this may also amount to unfair trade practice actionable under the Consumer Protection Act, 2019 and, in appropriate cases, trigger a passing-off/unfair competition claim.

What to do next: 1) Flag the fake reviews on the platform citing its policy against inauthentic reviews; 2) Gather evidence showing the reviewer has no actual transaction record with you; 3) Send a legal notice to the identified party and/or the platform's grievance officer; 4) File a civil suit for defamation/injunction if the reviews persist and cause serious harm.

If you are unsure whether your facts fall inside Bharatiya Nyaya Sanhita, 2023 – Section 356, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in cyber law.