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Do Customers' Online Reviews and Store Responses Have Legal Responsibilities?
With the prevalence of the internet, people have become accustomed to refer to online reviews for their consumption decision-making and also express their opinions through online reviews after consumption. After checking consumer's review, store owners often respond to consumer opinions through online reviews. However, people sometimes throw their elbows because of online reviews and even lead to legal disputes. The Intellectual Property and Commercial Court Decision Ref. 111-Min-Zu-Su-Zi-60, made on October 17, 2023, has made judgments on infringement disputes related to online reviews and store responses.
The facts of the case are as follows: After the customer's visit to the restaurant, he thought that the restaurant's service was poor, then he posted a review on the Google Review platform to illustrate the bad experience and give the restatuant a one-star rate. The restaurant believed that the content of the review was untrue, and then posted two clarifying statements on their Facebook fan page, publicly disclosing the customer's full name, customer images captured by the restaurant's surveillance cameras, and the customer's Facebook profile picture obtained through online search. The customer filed a lawsuit against the restaurant, seeking damages for infringement of reputation, privacy rights, personal data, and copyright. The restaurant counterclaimed for damages for infringement of the restaurant's reputation.
After the court's review:
- Both parties claimed that the other party's review infringed their reputation: The judge determined that although the customer's review did not entirely consistent with the facts, the content of the review was not too far from the facts and should not be considered fabricated or fictional. The restaurant's response to the review was found to be factual. Therefore, neither party has infringed the other party's reputation.
- Infringement of the customer's portrait rights and privacy rights: The judge determined that since the customer had already left his real name in his review, it is sufficient for the restaurant to disclose the customer's name and the content of the customer's review for the purpose of the clarification of the customer's review. Therefore, the restaurant's unauthorized use of the customer's profile picture and the disclosure of the surveillance image did not comply with the proportionality principle and infringed the customer's image rights and privacy rights. Although the restaurant argued that the disclosure of surveillance image was aimed to comment the customer's violation of epidemic prevention regulations, which was a matter can could be publically criticized, the court determined that the restaurant could report the customer's violation to the competent authority, and the disclosure of the surveillance image for cyberbullying was an infringement of privacy rights.
- Unlawful use of customer's personal data: The judge determined that the restaurant's use of the customer's picture to write a fan page post was an act of the use of personal data by a non-governmental agency. The restaurant did not prove that the use of the customer's picture was within the necessary scope of the specific purpose of collection, or fell under the exceptions specified in Paragraph 1, Article 20 of the Personal Data Protection Act. Therefore, such use constituted unlawful use of personal data.
- Infringement of the customer's copyright: The court determined that the customer owned the copyright of his Facebook profile picture. The restaurant has reproduced the picture and posted the picture on its Facebook fan page, and such use was not a reasonable use. Also, the maintainance of the restaurant's commercial reputation shall be deemed as a commercial purpose. Therefore, the restaurant's act infringed the customer's copyright.
In addition to potential criminal liability for public insult/slandering and civil liability for the damage of reputation, engaging in online "war of words" may also involve legal responsibilities for infringing upon portrait rights and privacy, unlawful use of personal information, and violating intellectual property rights if one collects and publishes the other party's photos, videos, or other personal data. It is important for everyone to be aware of these legal issues.