Businesses have the same defamation remedies as individuals, plus platform mechanisms that are often faster than any court.
Start with evidence and the platform
- Capture the content with visible URL, date and account handle, and archive the page, since posts are edited or deleted once a notice arrives.
- Report to the platform under its policies, and then in writing to its India grievance officer, who under the IT Rules, 2021 must acknowledge within 24 hours and dispose of the complaint within 15 days. Escalate to the Grievance Appellate Committee if refused.
- For fake reviews specifically, point to the platform's own policy on incentivised and fabricated reviews, and note the Bureau of Indian Standards framework on online consumer reviews.
- Cease and desist notice to the poster if identifiable.
Court remedies
- Civil suit for defamation, seeking an interim injunction to take down and restrain further publication, and damages. The injunction is what you actually want.
- Criminal complaint under Section 356 BNS. Slower, and increasingly viewed critically where it looks like an attempt to silence criticism.
- Where the content also misuses your brand, trade mark infringement or passing off may give a cleaner and faster route than defamation.
When the poster is anonymous
Courts grant John Doe (Ashok Kumar) orders against unidentified defendants, and can direct the intermediary to disclose subscriber information and to take down the content. Under Section 79 of the IT Act read with the 2021 Rules, an intermediary loses safe harbour if it fails to act on a court order or a government notification, which is what gives the order teeth.
Courts grant John Doe (Ashok Kumar) orders against unidentified defendants, and can direct the intermediary to disclose subscriber information and to take down the content. Under Section 79 of the IT Act read with the 2021 Rules, an intermediary loses safe harbour if it fails to act on a court order or a government notification, which is what gives the order teeth.
The commercial judgement
Before you litigate, consider whether you are about to amplify something few people saw. A measured public reply, plus a quiet takedown request, resolves most of these. Reserve litigation for sustained campaigns, competitor-driven review manipulation, and content that is demonstrably false and causing measurable loss.
What you cannot suppress
A genuine, honestly held negative opinion from a real customer is not defamation, and an attempt to remove it usually fails and looks worse. The line is between fact and comment: a false statement of fact is actionable, an unflattering opinion generally is not.