The Paris Court of Appeal recently ruled in favor of freedom of expression, refusing to order the removal of online discussions deemed denigrating towards a company.
The question of online reviews, their level of aggressiveness and their potential relevance has been the subject of debate for several years. In a judgment rendered on September 7, 2023, the court of appeal took a position affirming that online denigration did not justify the removal of the URLs from the Signal-Arnaques site, which hosted opinions criticizing the company APE. The latter had requested their deletion, after having been the target of multiple complaints from Internet users concerning its abusive canvassing.
A company that was the subject of negative online reviews for potential “scams”
The Paris Court of Appeal ruled that the comments made in these often followed opinions, although virulent, did not in reality exceed the admissible limits of freedom of expression. She underlined the general interest of the case and the factual basis of the comments, while criticizing APE (the targeted company) for not having responded to the criticism left online against it.
The case began in 2022, when Internet users expressed their dissatisfaction with the company APE, accused of improperly soliciting Internet users when creating their business. They also denounced possible confusion with an official body which would solicit companies for a legal procedure. APE then requested the removal of the URLs (several dozen) pointing to these discussions, on the Signal-Arnaques platform managed by the firm Heretic, citing commercial and moral harm.
Note that the Court of Appeal confirmed the initial judgment of the Paris judicial court, rendered on December 2, 2022, as part of an accelerated procedure. For judges, the term “ scam ”, used in many opinions, does not necessarily imply a criminal offense.
Freedom of expression must take precedence over virulent comments
The appeal, lodged by APE, was therefore rejected and the Paris Court of Appeal added that online comments remain a form of free criticism from Internet users disappointed by the service of this or that company. APE was ordered to pay 3,000 euros to Heretic, to reimburse legal costs.
Beyond the facts and the decision, the case here highlights the importance of freedom of expression online and the need for companies to respond constructively to criticism, an element on which the Court of Justice appeal has largely insisted. In other words, the take-home message is that freedom of expression online takes precedence, even when the comments are virulent. As long as they are justified.
For businesses with some form of online presence, it is essential to acknowledge negative online feedback and respond to it in a professional and informative manner. This approach can help resolve problems, but also restore customer trust and reputation. Ultimately, the constructive approach to handling criticism can be beneficial for all parties involved.
Source : Legalis
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