Defamatory online review: how to capture the evidence
A fake or defamatory review on Google, TripAdvisor or social media can damage a professional's or a business's reputation within hours. And while you weigh what to do, that review can be edited or vanish — deleted by its author or removed by the platform.
Time works against you. The evidence in front of you today may not exist tomorrow: the first move, even before the lawyer, is to freeze it.
Why a screenshot does not protect you
A screenshot of the review is the first instinct, but in a case it is also the most fragile: it does not prove when you captured it, that you did not edit it, or which page it really sat on. The other side can claim you fabricated it. This is the structural weakness of the screenshot.
What to do right away
Capture the public review page forensically, while it is still online. With the C.E.R.T.O. Web pages module you capture, in one go:
- the exact content of the review (text, rating, username, replies);
- the URL and the origin — the platform's domain and its TLS certificate (the HTTPS "padlock" tying that content to that site at that moment);
- a timestamp fixing the date of capture, and a battery of hashes sealing its integrity.
The result is a bundle proving that, on that date, at that address, that text existed. And it stays valid even if the review is later deleted.
What it proves (and the next step)
The acquisition proves the content, the date and where it was published — the basis for a defamation action or a takedown and damages claim. Identifying an anonymous author with certainty is a separate step, normally via an order to the platform: but in the meantime the proof of the fact is already secured.
See also: capturing a web page as evidence and how the opposing party can verify your bundle.