There would be denigration under French law if an intention to harm is demonstrated. In such a case, the customer who intentionally posted a harming review may be held liable. For instance, courts have ordered Internet users who posted denigrating reviews to pay damages. In a recent Court of appeal case,5 an Internet user posted the following comments relating to a restaurant: “Overrated, general assessment: very overrated restaurant, all pomp and very little in the plate. The best-stocked plate is the one on the bill. What he liked: the decoration, what he didn’t like: the staff’s sticky side”. It should be noted that when this was posted, the restaurant was not even opened yet. The defendant then pretended he mistakenly targeted this restaurant, while he wanted to comment on another one. However, he posted a further and similar post few days later after it had been deleted by the platform, directed against the same restaurant... The Court observed that “the denigrating remarks posted by Mr D, on a website widely consulted by Internet users, caused a damage to the image of the restaurant, … at the crucial period of the opening of the establishment”. The defendant was then held inter alia to pay euros 2,000. There would be defamation if an allegation or imputation of a fact undermines the honour or reputation of a person or an entity (such as a restaurant). In such a case, the criminal liability of the author of the defamation can be pursued (in application of Article 29 law of 29 July 1881 with a fine of up to €12,000). Article 29 of the law of 29 July 1881 on freedom of the press indeed provides that any allegation or imputation of a fact that harms the honour or reputation of the person to whom the fact is attributed is defamation. The publication of such an allegation or imputation is punishable even if it is made in a dubious form or if it targets a person not expressly named but whose identification is made possible by the incriminated terms. Any insulting expression, terms of contempt or invective which does not contain the imputation of any fact is an insult. However, the above remedies (denigration, insult, defamation) result in fact from general rules of law which are not specific to online reviews of restaurants, and it may be difficult to pursue before the courts such delictuous behaviours. 5 CA Dijon, 1re ch. civ., 20 mars 2018, n° 15/02004. 138 VALÉRIE AUGROS
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