A Rohtak e-commerce platform is refusing to remove a fake review defaming my business despite repeated requests. What now?

Detailed Legal Analysis

If an e-commerce platform in Rohtak refuses to remove a fake review defaming your business, you can take several steps to address this issue legally.

Under Indian law, particularly the Information Technology Act, 2000, and the Consumer Protection Act, 2019, online platforms are required to take necessary actions against defamatory content. Here are the steps you can follow:

• Document the Review: Take screenshots and save all relevant information about the fake review, including the date, time, and the content of the review.
• Contact the E-commerce Platform:
  • Send a formal complaint to the e-commerce platform’s customer service or support team, clearly stating your issue.
  • Include your business details, the specific review, and why it is defamatory.
  • Reference the relevant provisions of the Information Technology Act, 2000, particularly Section 66A (though struck down, it highlights the seriousness of online defamation) and Section 79, which outlines the liability of intermediaries.
• File a Legal Notice: If the e-commerce platform does not respond or refuses to act, consider sending a legal notice through a lawyer. The notice should include:
  • Your request for the removal of the review.
  • A warning that failure to comply may result in legal action.
• Engage with the Consumer Forum: If the situation remains unresolved, you can file a complaint with the Consumer Forum under the Consumer Protection Act, 2019. The key points include:
  • Filing under Section 12 of the Consumer Protection Act, which allows consumers to seek redressal for unfair trade practices.
  • Providing evidence of the defamatory review and how it has affected your business.
• Consider Defamation Lawsuit: If necessary, you can file a civil defamation suit against the reviewer and possibly the platform under Section 499 of the Indian Penal Code (IPC). Key points include:
  • Proving that the review is false, defamatory, and has caused harm to your reputation.
  • Seeking damages for the loss incurred due to the false review.

By following these steps, you can effectively address the issue of a defamatory review on an e-commerce platform and protect your business interests.