Can marketplaces legally remove negative reviews or ratings?

In the world of e-commerce, reviews and ratings play a significant role in shaping a consumer's decision to purchase a product or service. However, what happens when negative reviews are posted? Can online marketplaces legally remove or modify them? Negative reviews can impact the reputation of a product, service, or even a seller on a platform, leading to questions about whether such feedback can be deleted or manipulated by the platform itself. Under Indian law, platforms must strike a balance between protecting the freedom of expression of consumers and maintaining fair business practices.

Consumer Rights and Platform Responsibilities

Freedom of Expression and Consumer Rights

• Under Indian law, consumers have the right to express their opinions about products or services they have purchased. This right is protected under the Constitution of India, which guarantees the freedom of speech and expression (Article 19).
• Reviews and ratings are part of this freedom, as they provide consumers with the ability to share their experiences and opinions.

Review Platforms:

• Platforms like Amazon, Flipkart, and Snapdeal are required to ensure that consumer feedback is genuine and uncensored, unless it violates the platform’s terms of service (e.g., for offensive language, false claims, or spam).
• Transparency in Reviews: Consumers should be able to trust that the reviews they read are authentic, and platforms should avoid manipulating or removing negative feedback unless there is a valid reason.

Platform's Role in Moderating Reviews

• E-commerce platforms are not completely free to remove negative reviews just because a seller requests it or to improve their market reputation. However, there are conditions under which platforms can remove reviews:
• Violation of Platform's Terms: Reviews containing abusive language, defamation, false information, or violations of intellectual property rights can be removed by the platform. These actions are governed by the platform’s terms of service or community guidelines.
• Spam and Fake Reviews: If a review is identified as spam or manipulated (for example, written by a non-purchaser, or made to deceive others), the platform can remove it. Some platforms employ algorithms or manual moderators to identify such content.
• Inaccurate Information: If a review is factually incorrect and can be proved to be misleading, a platform might have the right to remove it to maintain the integrity of the review system. However, the platform must handle such situations with care and ensure the process is transparent.

Legal Framework for Review Handling in India

The Consumer Protection Act, 2019

• The Consumer Protection Act, 2019, and the E-Commerce (Consumer Protection) Rules, 2020 set clear guidelines for online marketplaces regarding consumer reviews and feedback:
• Grievance Redressal: E-commerce platforms must set up an effective grievance redressal mechanism where consumers can report issues with products, services, and reviews. If a review or rating is disputed by a seller, the platform must provide a way to resolve the issue fairly and transparently.
• Prohibition of Manipulation: The E-Commerce Rules prohibit platforms from manipulating or suppressing reviews in a way that deceives consumers. Fake reviews or suppressing negative reviews would be considered an unfair trade practice under the Consumer Protection Act.
• No Unfair Trade Practices: Platforms are not allowed to engage in practices where they remove negative reviews purely to protect sellers or boost sales. Such actions could be deemed as unfair trade practices, which can lead to penalties under the Consumer Protection Act.

The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011

• The IT Rules, 2011, under the Information Technology Act, 2000, also apply to e-commerce platforms, including social media and review systems. These rules require platforms to:
• Act on illegal content (e.g., defamatory reviews or false claims) promptly.
• Ensure accountability for all content published on their platform, including reviews and ratings.
• If a review violates the platform’s terms of service or is deemed illegal, the platform is required to act quickly to remove it.

Seller-Specific Concerns and Remedies

Seller Requests for Removal of Negative Reviews

• Many sellers might request the removal of negative reviews if they believe the feedback is unfair or false. While platforms can investigate these requests, they are legally bound not to remove reviews solely to protect the seller’s reputation or sales figures.
• Seller Protection: If a seller can prove that a review is malicious, defamatory, or doesn’t reflect the actual product experience, they may appeal to the platform to have the review removed. However, unfairly removing a review could expose the platform to legal consequences under the Consumer Protection Act.
• Sellers' Right to Respond: Platforms often allow sellers to respond to negative reviews, providing an opportunity to explain the issue or offer a resolution, without actually removing the review. This ensures transparency and allows consumers to hear both sides.

Consequences of Manipulating or Removing Reviews Unfairly

• If a platform is found to be removing negative reviews in an unfair manner, it may face regulatory scrutiny. Under the Consumer Protection Act, such actions may constitute unfair trade practices, and the platform could be penalized by the Consumer Protection Authority or consumer forums.

Example Scenario:

• A consumer purchases a laptop on an e-commerce platform and leaves a negative review citing that the product was defective. The seller disputes this and requests that the platform remove the review claiming it is false. The platform reviews the case, finds the review to be genuine based on the consumer’s purchase history, and does not remove it. The seller then attempts to manipulate the review system by submitting fake positive reviews on their product.
• Platform’s Responsibility: The platform has a responsibility to ensure that the reviews are authentic and not manipulated. In this case, the platform could investigate the fake reviews, verify their authenticity, and take action against the seller if necessary.
• Consumer Protection: The consumer has the right to leave feedback on their purchase, and the platform should not remove a legitimate negative review unless it violates platform guidelines (e.g., offensive language). If the platform removes the review unjustly, the consumer can file a complaint with the Consumer Forum.

Summary:

• Under Indian law, e-commerce marketplaces can remove negative reviews only in certain cases, such as when the review violates platform guidelines (e.g., contains abusive language, false claims, or defamation).
• Platforms are legally prohibited from manipulating or removing reviews purely to protect the reputation of sellers or boost sales.
• Consumers have the right to express their opinions, and platforms must ensure transparency in handling reviews and ratings.