We make a lot of comments about a business or a product on the Internet. Some of them are naturally negative. While some businesses respond maturely to these comments, some businesses can’t control their anger and make various threats.
These business owners, who are too sensitive, may even threaten to give some users to the prosecutor’s office. Businesses that respond in this way, even to non-insulting comments, can suffer a huge loss of points by reacting.
When the business owner’s response to a user who wrote a simple critical comment about a business on the Internet, “you have been given the prosecutor’s office”, was on the agenda on Twitter, there was a lot of curiosity about whether to be sued for this reason.
Many people united and the rating of the business in question was reduced from 4.8 to 3.3 in Google Reviews.
This showed that anyone who wants to unite can easily lower the score of any business.
So what is the role of law in these disputes, let’s answer some important questions:
As in this example, even if there is no swearing in the content of the comment, can the business complain just because it contains criticism? Lawyer Çağatay Üsküdar answers:
– No, only critical comments cannot be reported. This situation will directly result in the restriction of the freedom of thought and expression of individuals. Within the scope of freedom of expression, everyone has the right to express and disseminate their thoughts and opinions individually or collectively through speech, writing, picture or other means. In order for an interpretation to create unfair competition, it must meet certain criteria. The relevant criteria are also regulated in Articles 55 and 62 of the Turkish Commercial Code.
– Although there are multiple criteria in this regard, there are 3 important criteria that concern us. To briefly touch on the articles regarding user comments, if there is an unfounded and unrealistic comment about the owner of the company in the brand or individual company, if there is an insulting comment about the brand or the real person merchant, if there is a slander or if there is an unfair competition with another brand. or taking advantage of the well-known reputation of the enterprises or putting them in the foreground, these can be considered within the scope of unfair competition.
– At this point, let’s not forget that the situation can be interpreted differently according to the comments to be made at this point. In other words, it would not be correct to speak in clear lines such as “every comment that meets these criteria is within the scope of unfair competition, or a comment that does not meet these criteria is not included in the scope of unfair competition”.
What happens to the reviewer if the business actually complains? Because even if the commenter is right, he will not want to deal with going to give a statement and hiring a lawyer.
– Persons who are judged by the court to have committed the crime due to the crime of unfair competition are sentenced to imprisonment of up to 2 years or a judicial fine for their acts falling within the scope of each regulation in the above-mentioned Turkish Commercial Code Articles 55 and 62. If the conditions are met, the sentences of the people sentenced can be converted into judicial fines, the deferment of the announcement of the verdict can be applied and the prison sentence can be postponed. Unfair competition crime is among the crimes subject to complaint.
– Complaint period is 6 months starting from the date the crime was committed and the perpetrator was learned. If the right owner does not use his right to complain within 6 months, it is not possible to complain about the same act again. Persons who may complain are natural or legal persons whose customers, credit, professional reputation, commercial activities or other economic interests are damaged or may face such a danger due to unfair competition. (companies, foundations, associations, chambers of tradesmen, etc.)
– Complainants also have the right to file a claim for compensation regarding unfair competition. Finally, they can apply to the Criminal Judgeship of Peace and request a blocking of access to the URL containing the relevant comment.
In what types of reviews can the business win the case? What penalties are given to the commenter who is found guilty as a result? What should be considered when writing comments?
– Actually, we have given some answers to this question. As a result of comments that contain false comments, are defamatory, and damage the company’s reputation, businesses may file a complaint or file a lawsuit against those who make the relevant comments. Penalties are punishable by imprisonment of up to 2 years or a judicial fine as we mentioned above. While writing comments, it should be noted that there are comments about the product or business that are objective and contain user experience, and are not insulting or humiliating.
If a comment has been written about a bad order, can the user be asked to prove it?
– No, of course, customers can express their dissatisfaction, but the point to be noted at this point is that dissatisfaction should not be expressed in a way that humiliates the brand, insults the brand, or does not respect the personal rights of individuals, as we have stated in the answers to the questions above. In addition, another point to be considered at this point is whether the person making the relevant comment is really the user of the product. There is no problem in the dissatisfied comments of people who have purchased the product and are not satisfied.
Are bad reviews by competitor companies frequent? How are these detected? What’s the punishment?
– Yes, this happens frequently, especially in some sectors where competition is fierce. Competitors in the competitive environment turn the hostility they create into a reputation attack on the business related to the comments they make via the internet. In some cases, it may even make negative comments from more than one account just to harm the relevant business and its reputation.
– After the related comments are complained, the information about the person who entered the relevant comment from the sites whose servers are in Turkey, and information about the relevant persons from the Turkish representations on the sites whose servers are not located in Turkey but which has a Turkish Representative, are requested by the official authorities. Then, criminal and compensation consequences may arise within the framework of the unfair competition provisions mentioned above.
Even a bored person can write any comment they want. How can this be prevented? Are businesses threatening to take legal action because they are fed up with this situation?
– Yes, now anyone can write any comment about businesses or the products and services they offer, there is no obstacle in this. However, as we mentioned before, there is a limit to this. It is not easy to prevent or prevent comments made as a reputation attack in today’s internet age. However, inspections can be tightened in this regard. Taking legal action should be used as a right, not a threat mechanism.
– I don’t see any ethical or legal problem in businesses taking legal action if they really meet the conditions. However, even in the slightest negative criticism of their products or in the expression of the negativities experienced by the customer, “remove your comment, otherwise we will complain. ” and using the right given by the law as a threat mechanism is not an ethical behavior.
Can future regulations be made for businesses’ exposure to spam comments? What are the clarifications on this?
– In my opinion, new legal regulations should be made about crimes committed over the internet in general in our country. One of them is this topic. These actions are evaluated within the scope of unfair competition and action is taken. However, spam comments cannot be avoided. In addition, from time to time, there are problems in identifying the commenters.
– Another problem occurs when the servers of the page containing spam comments are abroad and there is no representative office in Turkey. There is nothing we can do under the laws of our country. In addition, the specialization related to informatics and internet in the judiciary is unfortunately very weak. As such, businesses may not always achieve the results they expect on the judgment side.
Users may be afraid of these answers from businesses and give up writing negative comments. Although the business scores are apparently high, the score of that business drops even more in the minds of users who see these reviews. Don’t businesses suffer even more for the sake of a point?
– Although it may change according to the event, as I mentioned above, taking legal action by businesses should be used as a right, not a threat mechanism. I also believe that such approaches can lead to loss of potential customers. However, businesses that are subjected to systematic reputation attacks through platforms built solely on complaints, unfortunately, have no other way.
We hope that the answers of Lawyer Çağatay Üsküdar were able to satisfy your curiosity on this subject.
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