Negative online reviews can be a public relations and online reputation nightmare. Online reviews have a way of putting power in the hands of consumers. And since we are all consumers at one time or another, this is actually a good thing.

If you have a consumer gripe, you can strike back at a business by leaving an online review and rating them low. Even better, your user name provides you with anonymity and the First Amendment allows you to say anything you like, right?

Not so fast.

Before you leave that scathing review on Yelp or Angie’s List, know that you can’t just say anything. Don’t expect protection if your online comments are found to be malicious, deliberate defamation with intent to damage the character or reputation of a business. If you are found, you may be sued if you can’t prove your statements true.

The Oregon Court of Appeals just cleared the way for an owner of an Oregon outdoor wedding venue called Dancing Deer Mountain to sue a California man who posted a critique on Google Reviews.

The man’s post was titled; “Disaster!!!!!” and he described one of the owners as “rude” and “two-faced”. He was angry that guests were ushered out 45 minutes early. His one-star review went on to say that “the bridal suite was a tool shed painted pretty, but a tool shed all the same.”

The owner reported that her business dropped after this review, so she filed a $7500 defamation claim. Her attorney argued that people are not free to post false claims without repercussions, so she was entitled to sue.

His attorney responded that he was entitled to freely express his opinion, even if it contained a lot of hyperbole such as, “…the WORST experience of my life.”

That is where the defendant’s problems lie. Truth is a defense against a libel claim. Emotion is not. Hyperbole and other emotional language is just that, and if not backed by facts, are not credible. It could be considered defamatory.

The court ruled that the defamation claim could proceed because a “reasonable fact finder” could conclude that the defendant posted not just his opinions but factual statements that the owner might be able to prove untrue. After all, “rude” is subjective and the allegation about the bridal suite being a tool shed may or may not be true.

So, if you own a business, you can just sue someone who posts a review that outrages you, right? Sue for defamation and shut up your critics?

Wrong. In another Oregon case, a man posted a review about a dentist. He asserted in detail how the dentist improperly diagnosed an ailment which required more repair work. He warned that if the dentist “tells you that you have a cavity-GET A SECOND OPINION”. The dentist filed a suit against him for $300,000 but a judge dismissed the suit.

Court actions have been necessary to clarify the differences between defamation laws and advances in information technology.

The bottom line is that facts and truth are a defense against libel or defamation claims. Emotion, however, is not. An online post containing facts marbled with emotion has limited credibility. So what does this mean?

1. Head off bad reviews before they occur. Your best defense is a reputation for good customer service and operational excellence. Do your utmost to ensure that your customers or clients are satisfied. If they are, they will tell your story for you. That includes good reviews.

2. Simply ask customers if they are satisfied, in writing if practicable. If a customer is not, handle it until the customer is satisfied and consider updating your processes or products. Unhappy customers can give you your best feedback. Handle them properly and they might become your best cheerleaders.

3. If you receive a bad review, don’t panic. Try to contact the customer and make it right. Apologize for any inconvenience. Make a peace offering.

Approach it as a quality improvement opportunity. In that spirit, you may win the customer back and they may change or delete the review.

It is always harder to defend against passive-aggressive people or covertly hostile people. If you can find and contact them, draw them out. These people will certainly not enjoy any contact, much less any attempts to reveal their true motivations. Confront them, but do so in a courteous and careful manner. Attempt to make it right. Take the moral high ground. Do your best for them. Some people will remain unreceptive and do not want to change their minds. Document your attempts to contact them and placate them and any interactions you have with them. Now you have additional context. Use it. This additional context will be helpful if you decide to undertake a remedial public relations campaign or find relief in court.

It is the same if the reviewer is discovered to be a former employee, a competitor, or someone who leaves the review for personal reasons unrelated to the business. You can flag them on Google or Yelp if you think the comment or review originated from such a source, but be selective. Carefully document all attempts at contact and all efforts to satisfy the reviewer.

4. Do not retaliate or argue. If you do this in public or on a review site, your business will look petty. It does not matter if you are right. Calm down and attempt to make it right for the customer. You won’t win everyone over, but your efforts will not go unnoticed.

5. Report it to the site. Generally, Google and Yelp have intuitive and sophisticated methods to distinguish abusers from those who leave genuine reviews. If you have evidence that the review is false or abusive, you can request that the post be removed.

6. Employ remedial public relations. A qualified PR firm can help. This may involve a media campaign, a community engagement strategy, or other mitigation strategies such as getting enough good reviews as to obscure the bad one.

A bad review is not the end of the world and does not have to define you or your business.