Reviews are always a hot topic for authors and readers, but this new legal development could fundamentally change online reviews.
I’m rooting for the business owner. A good friend lost half her business after one bad posting on Ripoff Report, in which the reviewer used a phony name and made false claims—after she gave him his money back. As an author, I’m never going to sue any reviewers, but wouldn’t it be nice if they couldn’t hide behind fake internet names?
I expect readers to disagree, and I understand why anonymity seems important to them. Because I know so many writers personally, I don’t feel comfortable reviewing most books. But I also never use a made-up persona either. For anything. I stand by my words.
Consumer reviews have become very powerful in influencing buying decisions, subverting the power that marketers once had. Overall, I believe this is a good thing for all of us.
Yet, both authors and readers have abused the ability to post anonymous reviews. Some authors have used it to promote their own work and to trash their competitors. Readers have used it to complain about a book’s price with one-star reviews, and some just spew negativity and hatred wherever they go.
For me, the issue is opinion versus false claims. When someone reads a book and honestly hates it, they have a right to say so. But so many reviews, particularly of products and services, go beyond opinion and make false claims. Don’t those authors or small businesses have a right to counter those claims? Doesn’t the reviewer have an obligation to support those claims—if challenged?
I’ve gotten to the point that I rarely read my reviews, because so many are filled with false statements or misinformation. The characters’ names might be wrong. Actions and events are often associated with the wrong character or they are simply not from my story. These are often the good reviews! And every author has reviews where it’s clear the person never read the story. But I don't meant to disparage all reviewers! Many are thoughtful and careful, and for me, most have been supportive.
Still, I’m hoping the court decides that Yelp needs to turn over the reviewers’ identity. If it does, a precedent will be set, and more and more businesses will demand that negative/false reviewers produce documentation. That should lead to more and more transparency in online reviews—as the trolls realize they could be identified and held accountable.
What do you think? Does the first amendment guarantee our right to anonymous free speech or just free speech?
I hope the court decides that Yelp needs to reveal the reviewers' identities. It's time haters and just plain nasty people stopped being able to hide behind a fake name to spew negativity wherever they go.. Everyone has the right to their opinion, but own up to who you are! Then maybe reviewers will become more responsible, and not review a book they haven't read or slam competitors - or post fake glowing 5-star reviews for their own books or products. The court should vote in favor of fairness for all.
ReplyDeleteIf the court doesn't decide for the business owner I hope he takes it to the Supreme Court. What about defamation and slander laws? People shouldn't be able to hide behind a lie if they're to be trusted to tell the truth.
ReplyDeleteAwesome post!
L.J., I agree with you on this one. I'm all for the First Amendment, but as I've heard it put, my right to swing my fist stops short of your nose. Thanks for this post.
ReplyDeleteHmm. I feel there is a fine balance to be achieved here.
ReplyDeleteThere was an interesting debate on JA Konrath's blog a couple of months back on this subject.
I was initially of your opinion, LJ and Jodie. People who hide behind anonymity to leave false reviews with the deliberate intention of harming someone's reputation and livelihood should be brought to task, no doubt about that. However, the views of many genuine reviewers expressed on Konrath's blog make me reassess my feelings on this subject. For example, one prolific reviewer and blogger of erotic and gay romance also happens to be a kindergarten teacher. If she had to use her real name to post her reviews, she could be putting her career in jeopardy. This is but one example of the many that were aired in that debate. I think there are many valid reasons why reviewers choose to post their opinions anonymously, from concerns about how it might affect their careers, to embarrassment with regards to members of their family (for e.g the above reviewer may not want her elderly mother to see her reviews).
There will always be people who spew negativity and hatred wherever they go, like you said LJ. The question is, do we risk having millions of genuine reviewers stop leaving reviews because they can no longer do so anonymously (for whatever reason they choose to post anonymously) so as to prevent the smaller group of troublemakers from leaving nasty or damaging reviews? I don't see an easy solution to this.
I suspect the Virginia Supreme Court will agree with Yelp. But I think Yelp could do more to help the business owner, at its own discretion.
By the way, I love the new pic Marlyn! :)
ReplyDeleteThanks, AD!
DeleteFirst Amendment rights refer to person vs government (you can't be thrown in jail for what you say about politicians or laws, for instance), but they don't mean the same thing when referring to person vs person. There are consequences for exercising one's free speech. And there is a fine line between speech and defamation. You will have fewer reviews should this lawsuit prevail, but perhaps that's a good thing.
ReplyDeleteI think you're right about fewer reviews, but perhaps they'll be more honest and less likely to used as a tool for another person's goals.
DeleteI'm one of those folks who owns their words. If I leave a review, of anything, I sign my own name and prepare to take the consequences. Reviews are taking an odd turn, in my opinion. We used to want all great reviews. Now, if there are no negative reviews, people assume all our reviews are written by friends and relatives (as if I could get my relatives to read or review my books - hah). I'm not sure how it's going to eventually shake out, or even if it will. But I'd like to have an even playing field, one where everyone knows everyone's name.
ReplyDeleteAnd as for the kindergarten teacher who reviews erotica... in this day and age, I don't think a school district has any legal business looking at what their teachers do on their free time.
I agree. And school boards should have better things to do with their time.
DeleteLetting anyone post online under a pseudonym or anonymously lets them think they have the right to go online and complain about a business and say whatever they want - even when they never stepped foot in the door but the owner wouldn't or couldn't do what the person wanted. People forget that this is someone's livelihood and think they're owed something, even with unreasonable and ridiculous requests. Small businesses have enough challenges the large chains don't face without dealing with spiteful idiots.
ReplyDeleteYou said it! And they often don't have the lawyers and resources to fight in court.
DeleteI hope they find for the business owner. Last year someone posted a 100% lie about me on Ripoff Reports. RR refuses to remove it, then you get offers to remove it for $2k. A bunch of people posted protests about the lie, but it's now out there forever. I'm guessing it was done by a competitor (who will now die in a book!).
DeleteI absolutely agree with A.M. For someone just starting out, with few or no reviews, a one- or two-start review can be a real killer. It's just not fair that nasty, malicious people should have that kind of power over someone's livelihood.
ReplyDeleteGood post.
ReplyDeleteGreat article. My feelings are if all of the authors I read are willing to put the work out for me to read and print their name on the cover, I have a responsibility if I read and decide to write a review to make sure it is factual, honest, no spoilers and sign my name.
ReplyDeleteJust saw this article and thought of your post LJ!
ReplyDeletehttp://www.the-digital-reader.com/2014/04/14/the-chicago-sun-times-shuts-down-their-comment-section/#.U00izOZdVqt
It's a problem that a lot of big organizations are struggling with :(
I wonder which of the different solutions tried will end up being the best.
I wish all people thought as Chicago John, but they don't. I also wish my entire family read my books, but they don't. Somuch for wishes, but I'll add another. I wish all posts were as thoughtful as this one has been. Nothing was solved, but some really good insights have been explored, and as an author, it has made me re-evaluate my thinking.
ReplyDeleteKathleen Delaney
I can understand the desire for anonymity when posting reviews. There are a lot of vindictive people out there--like those attacking Harriet K who has always tried to be fair and accurate. I always own my own reviews and my cranky posts on other topics as well. But I think if large on-line sites like book sellers policed their sites more tightly things would improve. For instance, suppose you, reviewing at Amazon or B&N were required to supply a name and address, not to be posted, but with the understanding it would be given up in the event of a suit against you? Making defamatory or libelous statements against a private citizen is actionable under all state legal systems. Ranting against an organization or individual with whom you disagree politically is probably not.
ReplyDelete