Yelp Defamation?

[spxa99]

What is the name of your state (only U.S. law)? MA

A very negative review of a restaurant on Yelp mentions a waiter by name. The review is very caustic, rant-y, and describes the experience in a very one-sided way with many untrue exaggerations.

This may affect the waiter financially, prevent future employment, and may result in termination from current job.

When asked to remove the name and leave the rest of the review intact, yelp refused, saying it does not violate their terms of service.

Where is the line drawn in something like this? Honest reviews of businesses and services should be supported but personally naming functionary employees in such bashing manner seems to take it one step too far.

They can bash the food and service all they want but naming the waiter may have far reaching ramifications.

What can be done to remove the name from the yelp review?

Thank you.

 

[Zigner]

What is the name of your state (only U.S. law)? MA

A very negative review of a restaurant on Yelp mentions a waiter by name. The review is very caustic, rant-y, and describes the experience in a very one-sided way with many untrue exaggerations.

This may affect the waiter financially, prevent future employment, and may result in termination from current job.

When asked to remove the name and leave the rest of the review intact, yelp refused, saying it does not violate their terms of service.

Where is the line drawn in something like this? Honest reviews of businesses and services should be supported but personally naming functionary employees in such bashing manner seems to take it one step too far.

They can bash the food and service all they want but naming the waiter may have far reaching ramifications.

What can be done to remove the name from the yelp review?

Thank you.

I would suggest that you start researching ways to have the First Amendment overturned so that you won't have that pesky "free speech" thing to deal with...

 

[spxa99]

I would suggest that you start researching ways to have the First Amendment overturned so that you won't have that pesky "free speech" thing to deal with...

Thank you for your response. I support free speech.

This is done one-sidedly, publically, contains untrue exaggerations and affects someone's livelihood. The content on yelp is unfiltered and unmoderated. Innocent reviewees are left voiceless and defenseless to anyone who opens an anonymous email address and uses a fake name.

I support the reviewer bashing the food, service, etc. but naming a mere funtionary personally is a different story.

 

[Zigner]

Thank you for your response. I support free speech.

This is done one-sidedly, publically, contains untrue exaggerations and affects someone's livelihood. The content on yelp is unfiltered and unmoderated. Innocent reviewees are left voiceless and defenseless to anyone who opens an anonymous email address and uses a fake name.

I support the reviewer bashing the food, service, etc. but naming a mere funtionary personally is a different story.

Post a rebuttal.

 

[TigerD]

Thank you for your response. I support free speech.

This is done one-sidedly, publically, contains untrue exaggerations and affects someone's livelihood. The content on yelp is unfiltered and unmoderated. Innocent reviewees are left voiceless and defenseless to anyone who opens an anonymous email address and uses a fake name.

I support the reviewer bashing the food, service, etc. but naming a mere funtionary personally is a different story.

The counter to repugnant speech is more speech. If you support the First Amendment, you would not want to silence those with whom you disagree. Free speech by definition is unfiltered and unmoderated.It cannot be otherwise.

DC

 

[Hot Topic]

Perhaps it would help if you gave specific examples of what was said about you.

Apparently, you believe that one negative review will affect your position with the restaurant. Why? Did the complaining party call your supervisor? Have you been called in so that the supervisor could discuss the complaints with you?

If a customer takes the time to criticize a specific waitperson when bashing an entire restaurant, it's a good indication that there are grounds unless you think the customer is psychotic and picked on you because he didn't like your looks.