Can the Business You Make a Bad Review Submit You to the Prosecutor’s Office?

We make a lot of comments about a business or a product on the Internet. Some of them are naturally negative. While some businesses respond maturely to these comments, some businesses unable to control his anger may pose a variety of threats.

These overly sensitive business owners may have some users to the prosecutor’s office It can even threaten. Businesses that respond in this way, even to non-insulting comments, can suffer a huge loss of points by reacting.

When the business owner’s response to a user who wrote a simple critical comment about a business on the Internet, “you have been given the prosecutor’s office”, was on the agenda on Twitter, there was a lot of curiosity about whether to be sued for this reason.

Many people united and the rating of the business in question was reduced from 4.8 to 3.3 in Google Reviews.

This showed that anyone who wants to unite can easily lower the score of any business.

So what is the role of law in these disputes, let’s answer some important questions:

As in this example, even if there is no swearing in the content of the comment, can the business complain just because it contains criticism? Lawyer Çağatay Üsküdar answers:

– No, only critical comments cannot be reported. This situation is directly related to the thoughts and opinions of people. restriction of freedom of expression will result in the result. Within the scope of freedom of expression, everyone has the right to express and disseminate their thoughts and opinions individually or collectively through speech, writing, pictures or other means. In order for an interpretation to create unfair competition, it must meet certain criteria. The relevant criteria are also regulated in Articles 55 and 62 of the Turkish Commercial Code.

– Although there are multiple criteria in this regard, it is of interest to us. 3 important criteria are available. To briefly touch on the articles regarding user comments, making an unfounded and unrealistic comment about the owner of the company in a brand or individual company, about the brand or real person merchant. an insulting comment If there is a slander, or if it takes advantage of the reputation of other brands or businesses in a way that puts them into competition unfairly, they can be considered within the scope of unfair competition.

– At this point, let’s not forget that the situation can be interpreted differently according to the comments to be made at this point. In other words, it would not be correct to speak in clear lines such as “every comment that meets these criteria is within the scope of unfair competition, or a comment that does not meet these criteria is not included in the scope of unfair competition”.

What happens to the reviewer if the business actually complains? Because even if the commenter is right, he will not want to deal with going to give a statement and hiring a lawyer.

– Persons who are judged to have committed the crime due to the crime of unfair competition for up to 2 years due to their actions falling within the scope of each regulation in the above-mentioned Turkish Commercial Code Articles 55 and 62. punishable by imprisonment or fine. If the conditions are met, the sentences of the people sentenced can be converted to judicial fines, the deferment of the announcement of the verdict can be applied and the prison sentence can be postponed. Unfair competition crime is among the crimes subject to complaint.

– Complaint period is 6 months starting from the date the crime was committed and the perpetrator was learned. If the right owner does not use his right to complain within 6 months, it is not possible to complain about the same act again. If the complainants are due to unfair competition customers are natural or legal persons whose credit, professional reputation, commercial activities or other economic interests are damaged or may face such a danger. (companies, foundations, associations, chambers of tradesmen, etc.)

– Complainants also have the right to file a claim for compensation regarding unfair competition. Finally, they can apply to the Criminal Judgeship of Peace and request a blocking of access to the URL containing the relevant comment.

In what types of reviews can the business win the case? What penalties are given to the commenter who is found guilty as a result? What should be considered when writing comments?

– Actually, we have given some answers to this question. As a result of comments that contain false comments, are insulting, and damage the reputation of the company, businesses may complain about those who make the relevant comments, or can sue for compensation. Penalties are punishable by imprisonment of up to 2 years or a judicial fine as we mentioned above. While writing comments, it should be noted that there are comments about the product or business that are objective and contain user experience, and are not insulting or humiliating.

If a comment has been written about a bad order, can the user be asked to prove it?

– No, of course customers can express their dissatisfaction, but the point to be noted at this point is as we stated in our answers to the questions above. belittles the brand, insults or does not respect the personal rights of individuals dissatisfaction should not be expressed. In addition, another point to be considered at this point is whether the person making the relevant comment is really the user of the product. There is no problem in the dissatisfied comments of people who have purchased the product and are not satisfied.

Are bad reviews by competitor companies frequent? How are these detected? What’s the punishment?

– Yes, especially in some sectors where competition is fierce. it happens often. Competitors in the competitive environment turn the hostility they create into a reputation attack on the business related to the comments they make via the internet. In some cases, it may even make negative comments from more than one account just to harm the relevant business and its reputation.

– The information of the person who entered the relevant comment from the sites whose servers are in Turkey after the related comments have been reported, servers not located in Turkey However, on websites with a Turkish Representative Office, information is requested from the Turkish representatives about the relevant persons by the official authorities. Then, criminal and compensation consequences may arise within the framework of the unfair competition provisions mentioned above.

Even a bored person can write any comment they want. How can this be prevented? Are businesses threatening to take legal action because they are fed up with this situation?

– Yes, now anyone can write any comment about businesses or the products and services they offer, there is no obstacle in this. However, as we mentioned before, there is a limit to this. Comments made as a reputation attack in today’s internet age It is not easy to prevent or prevent. However, inspections can be tightened in this regard. Taking legal action should be used as a right, not a threat mechanism.

– I don’t see any ethical or legal problem in businesses taking legal action if they really meet the conditions. However, even in the slightest negative criticism of their products or in the expression of the negativities experienced by the customer. “Remove your comment or we’ll report it.” It is not an ethical behavior to use the right given by the law as a threat mechanism.

Can future regulations be made for businesses’ exposure to spam comments? What are the clarifications on this?

– In my opinion, about crimes committed on the internet in general in our country new legislation is required. One of them is this topic. These actions are evaluated within the scope of unfair competition and action is taken. However, spam comments cannot be avoided. In addition, from time to time, there are problems in identifying the commenters.

– Another problem is that the servers of the page containing spam comments are abroad and Not having a representative office in Turkey happens in such cases. There is nothing we can do under the laws of our country. In addition, the specialization related to informatics and internet in the judiciary is unfortunately very weak. As such, businesses may not always achieve the results they expect on the judgment side.

Users may be afraid of these answers from businesses and give up writing negative comments. Although the business scores are apparently high, the score of that business drops even more in the minds of users who see these reviews. Don’t businesses suffer even more for the sake of a point?

– Although it may change according to the event, as I mentioned above, to resort to legal remedies by businesses. should be used as a right, not a threat mechanism. I also believe that such approaches can lead to loss of potential customers. However, businesses that are subjected to systematic reputation attacks through platforms built solely on complaints, unfortunately, have no other way.

We hope that the answers of Lawyer Çağatay Üsküdar were able to satisfy your curiosity on this subject.