Can marketplaces remove negative reviews or ratings without breaching consumer law?

Online reviews and ratings play a crucial role in influencing consumer decisions on e-commerce platforms. They provide valuable insights into the quality of products and services. However, the question arises whether online marketplaces can remove negative reviews or ratings without breaching consumer law. While marketplaces generally have the right to moderate content on their platforms, they must balance this with consumer rights, transparency, and ethical considerations. Unjustly removing negative reviews can be seen as a violation of consumer rights and a breach of fair practices.

Key Points on the Legal and Ethical Framework for Removing Negative Reviews

Marketplace’s Right to Moderate Content

• Online marketplaces often reserve the right to moderate reviews and ratings submitted by consumers, but this right is typically governed by clear terms and conditions. These terms outline the scenarios in which reviews can be removed, such as:
• Violating Platform Guidelines: Reviews that contain abusive language, hate speech, personal attacks, or false information can be removed as they violate the marketplace’s terms of service.
• Spam or Fake Reviews: Marketplaces can remove reviews that are identified as fraudulent, such as fake reviews posted by sellers to artificially inflate ratings or by competitors to damage a product’s reputation.
• Irrelevant Reviews: Reviews that are irrelevant to the product or service (e.g., a review meant for a different product) can be flagged and removed.
• However, a marketplace cannot remove reviews solely because they are negative, unless they fall under one of the aforementioned categories.

Consumer Protection Laws and Freedom of Expression

• Under consumer protection laws, particularly in India under the Consumer Protection (E-Commerce) Rules, 2020, consumers have the right to freely express their experiences and opinions about a product or service. Removing negative reviews can potentially infringe upon this right and may be seen as unfair trade practice.
• Transparency in Reviews: The Consumer Protection Act mandates that e-commerce platforms should provide accurate and transparent information to consumers. Removing negative reviews without a valid reason may lead to accusations of misleading consumers about the true nature of a product.
• Fair Trade Practices: If negative reviews are unjustly removed to protect a seller or marketplace’s reputation, it could be seen as engaging in unfair trade practices, which are prohibited under Section 2(1)(r) of the Consumer Protection Act, 2019. Such actions could expose the platform to legal consequences, including consumer lawsuits or regulatory action.

False or Malicious Reviews

• While negative reviews cannot be removed solely based on the content being negative, platforms may have grounds to remove reviews that are proven to be false, malicious, or biased. This includes:
• Fraudulent Reviews: If it is found that a review was posted by someone with a vested interest (e.g., the seller posting a fake review under a different name), the review can be removed.
• Malicious Intent: Reviews with the intent to defame or harm the reputation of a product or seller, particularly when they are not based on the user’s actual experience, can be subject to removal.
• Defamation: Reviews that falsely accuse a product or service of serious issues without evidence can be flagged for removal under defamation laws.
• In such cases, marketplaces are within their rights to remove the review, provided they follow due process and ensure that the review’s removal is justified.

Legal Recourse for Consumers

• If consumers feel that their right to post a truthful review has been unjustly infringed upon, they have legal recourse. Under consumer protection laws, consumers can:
• File Complaints: Consumers can file complaints with relevant regulatory bodies like the Consumer Protection Authority or the National Consumer Helpline if they believe their feedback is being unfairly suppressed.
• Seek Compensation: In cases where a marketplace removes legitimate reviews to protect a seller or mislead consumers, consumers may seek compensation for the harm caused. This can include cases where a review was critical to a consumer’s decision-making process.
• Therefore, platforms must be careful not to engage in practices that could lead to consumer grievances or legal challenges.

Ethical Guidelines and Industry Best Practices

• Most e-commerce platforms follow industry best practices and ethical guidelines when handling reviews and ratings. These practices ensure that reviews are moderated fairly and transparently, without unduly protecting sellers at the expense of consumers. Key elements include:
• Review Transparency: Platforms should provide clear guidelines on what constitutes acceptable reviews and the process for flagging inappropriate content.
• Balance Between Seller and Consumer Interests: While protecting sellers from fraudulent or abusive reviews is essential, platforms must ensure that they also respect the consumers’ right to share their genuine experiences.
• Independent Moderation: Marketplaces should ideally use an impartial system to monitor and moderate reviews. This system should be free from influence from sellers or internal interests, ensuring fair treatment for all users.

Regulatory Oversight and Penalties

• Regulators may step in if they find that a marketplace is systematically removing negative reviews to mislead consumers. The Competition Commission of India (CCI) has the authority to investigate unfair trade practices in the digital space, including the manipulation of reviews. If a marketplace is found to be in violation of fair practices, they could face penalties, reputational damage, and loss of trust among consumers.

Example

Suppose Neha purchases a pair of headphones from an online marketplace, ElectroMart, and receives a defective product. Neha writes a negative review highlighting the product’s poor sound quality and frequent disconnections. After several days, Neha notices that her review has been removed without explanation.

Steps Neha Could Take:

• Contact Customer Support: Neha can reach out to ElectroMart’s customer service team to inquire about the removal of her review and request that it be reinstated if it follows the platform’s guidelines.
• File a Complaint: If Neha feels that her review was removed unfairly and that it violates her consumer rights, she can file a complaint with the Consumer Protection Authority or the National Consumer Helpline.
• Seek Legal Recourse: In extreme cases, if Neha’s complaint is not resolved, she could consider taking legal action under the Consumer Protection Act for misleading practices.

Steps ElectroMart Should Take:

• Reinstate the Review: If Neha’s review follows the platform’s review guidelines and was unjustly removed, ElectroMart should reinstate it and offer an explanation.
• Clarify Review Policies: ElectroMart should ensure that all users are aware of its review policies and the reasons why certain reviews may be removed (e.g., fake reviews, inappropriate language).
• Improve Moderation Systems: ElectroMart should implement transparent moderation systems to ensure that reviews are treated fairly and that negative feedback is not unfairly suppressed.