A false business review, an abusive comment under a photograph or a public allegation of dishonesty can have consequences far beyond the internet. They can affect professional relationships, customer confidence and private life. How should you respond to protect your rights effectively?
The first step should be to preserve the post and the circumstances of its publication. Only then should you seek its removal.
Criticism or a breach of the law?
Not every negative review is unlawful. A customer may express dissatisfaction with a service, and a participant in a discussion may offer a different view. The content, form and context of a statement all matter when assessing it.
A subjective assessment, such as “I did not like the way they communicated”, should be distinguished from an allegation about specific events, such as “they took the money but provided no service”. The latter can be checked against evidence. Simply adding “in my opinion” does not automatically turn an allegation of fact into an unverifiable opinion.
An unlawful infringement of reputation, dignity or privacy may justify protection of personal rights. Articles 23 and 24 of the Polish Civil Code provide the principal basis. Polish Civil Code
How should evidence be preserved?
Before reporting a comment for removal, keep:
- screenshots showing the entire statement, the profile name and the visible publication date;
- the exact links to the post, review and author's profile;
- the context: earlier comments, replies and the post being reviewed;
- the date and time when the evidence was recorded;
- information about visible reach, shares and reactions;
- correspondence with the author and confirmations of reports to the administrator.
It is also worth saving the page as a PDF. Keep the original files without cropping or annotation. If you need to highlight a passage, do so on a copy.
Also collect documents that allow the allegations to be checked: the contract, correspondence, payment confirmations or proof that the service was provided. A screenshot of a post does not by itself establish who actually published it or whether the events described occurred.
A notarial record of opening a website
An abusive comment or false review can also be preserved in a notarial record of opening a website. The notary describes the steps taken and the content displayed when visiting the specified address.
The record should cover the exact website address, the date and time, the content of the post, the visible identification of its author and the context. It is also important to record whether access required logging in. Printouts or screenshots may be attached.
The record documents what the notary observed. It does not establish that the post constitutes defamation, that the allegations are true or that a particular person is behind the profile. These matters require separate evidence and legal analysis.
This option is worth considering before requesting removal, especially where the post may disappear quickly. However, do not delay taking your own screenshots until a visit to a notary. The legal basis for the record is Article 104 §§ 3–4 of the Polish Law on Notaries.
How can illegal content be reported?
A report should identify the specific content and explain why it is unlawful. Simply saying “this is hate” may be insufficient.
Provide the exact address of the post, describe the infringement and explain the relevant circumstances. Supporting documents can be attached, while limiting disclosure of third parties' personal data to what is necessary.
The Digital Services Act, or DSA, provides a mechanism for notifying hosting service providers of illegal content. A notice also includes the notifier's contact details and a statement of good faith. The provider should communicate its decision and available redress options. A report does not guarantee automatic removal. Article 16 DSA
What can be demanded from the author?
Depending on the circumstances, it may be possible to seek an end to the infringement and removal of its effects, including publication of an appropriate statement or apology. Monetary claims may also be available under the statutory rules.
A distinction must be drawn between compensation for non-material harm and damages for financial loss. Losing a specific assignment requires different evidence from distress caused by an infringement of dignity. The appearance of an abusive post does not automatically lead to an award of a particular amount. Articles 24 and 448 of the Polish Civil Code
When may criminal liability arise?
Depending on its content and circumstances, a statement may constitute:
- defamation — an allegation about conduct or characteristics capable of lowering the injured party in public opinion or exposing them to the loss of necessary trust;
- insult — a statement attacking a person's dignity, assessed in light of its form and context.
These offences are generally prosecuted by private accusation. However, not every dispute over a review warrants criminal proceedings. The statutory limits of liability, including provisions concerning true allegations, also matter. Articles 212–216 of the Polish Criminal Code
The injured party may file a private indictment with the court or submit a complaint to the Police under the applicable procedure. This should not be confused with ordinary proceedings brought by the authorities of their own motion. Police information on private prosecution (in Polish)
How should you respond to a false review?
A public response should be brief, factual and free of abusive language. Avoid publishing documents containing customer data or disclosing information covered by professional secrecy.
Do not assume that an unfamiliar username proves that the author never used the service. First check the circumstances and preserve material that may help clarify them.
Protecting your reputation is best started by organising the evidence and identifying your goal: removal of the post, an end to the infringement, an apology or pursuing claims. Further action should be tailored to the specific statement and its effects.
Barbara Kardynia, Advocate
Barbara Kardynia Law Office
Telephone: +48 795 674 344
Email: b_kardynia@icloud.com
Website: adwokatkardynia.pl