Dear Atty. Peachy,

I run a small café in Quezon City. Last month, I was approached by a popular food blogger who wanted to feature my café on her social media platform in exchange for a discount on her meal. She assured me that this would drive a lot of traffic to my café, so I agreed. The post went live, and while I did receive some new customers, I later discovered that her review was quite negative, unfairly criticizing my service and food quality.

To make matters worse, after the negative post, my sales dropped significantly. I am considering asking her to take down the post, but I am not sure if I have any legal grounds to do so. Can I hold her accountable for the negative review? What actions can I take to protect my business from potentially damaging online content?

Thank you for your help.

Dianne

☐ ☐ ☐ ☐ ☐

Dear Dianne,

I am glad to hear that you are actively engaging with the legal landscape surrounding your café. It is unfortunate to hear about your experience with the food blogger, as this situation can indeed impact small businesses significantly in today’s digital age.

In the Philippines, the right to express one’s opinion is generally protected under the Constitution as part of the freedom of speech. However, this does not provide an unfettered license to publish false or damaging statements about individuals or businesses without accountability.

If the blogger’s review contains false statements that harm your reputation, you may have grounds for defamation. Under Article 353 of the Revised Penal Code, defamation may either be in the form of libel (written defamation) or slander (oral defamation). If her criticisms are misleading or untrue, you could consider sending a formal demand for retraction or correction.

Check if you had any agreement with the blogger regarding the content of her post. If there was any misrepresentation on her part — say, if she promised a positive review — this could potentially strengthen your position.

While you can ask her to take down the post, there is no guarantee that she will comply, as she holds the right to express her opinion. However, you could formally request this in writing, explaining your concerns and citing any inaccuracies.

While tackling the issue with the blogger, also consider strengthening your online presence. Respond to reviews constructively, and focus on soliciting positive testimonials from satisfied customers to counterbalance any negativity.

Overall, be strategic in your approach. Engaging publicly and diplomatically might also yield a more favorable outcome. Best of luck with addressing this situation, and I hope to see your café thrive.

Atty. Peachy Selda-Gregorio