How to review products and services legally?
(Baonghean.vn) - The fact that consumers and social networking sites review products and brands more or less affects the reputation and business of those products and brands. So are such reviews legal?
Ms. Nguyen Minh A. (42 years old) has a long-standing pho restaurant with locations in several provinces and cities across the country. Recently, Ms. A. accidentally saw her pho restaurant shared by tiktokers with comments and reviews. Among them, a video from a Tiktok account named Pham B. made negative comments about the quality of her pho, leading to a sharp drop in her revenue that month.
Ms. A asked:Does Tiktoker Pham B. have the right to review your pho restaurant? Will negative, false reviews be punished?
Reply:
There is currently no law prohibiting the act of evaluating or sharing one's own experiences when using a product or service, including food and beverage services (this activity is called review). This is also the right to freedom of speech of citizens recognized by the Constitution. The Law on Consumer Protection 2010 stipulates that consumers have the right to give opinions to organizations and individuals trading in goods and services on prices, quality of goods and services, service style, transaction methods and other contents related to transactions between consumers and organizations and individuals trading in goods and services.
Clause 2, Article 9 of the Law on Consumer Protection 2010 also stipulates that consumers have the obligation to inform relevant State agencies, organizations and individuals when discovering goods and services circulating on the market that are not safe, causing damage or threatening to cause damage to the life, health and property of consumers; and acts of organizations and individuals trading in goods and services that infringe upon the legitimate rights and interests of consumers.
However, when people exercise their rights, they must also have the obligation to respect the rights of others. They must be responsible for their comments and assessments, ensuring that they do not violate social ethics, do not infringe upon the interests of the nation, the people, or the legitimate rights and interests of others.
If Mr. B. uses his influence on social networks to review products, services, and foods that are untrue, unfair, fabricated, or spread false information... with the aim of discrediting products, services, and foods; causing confusion among consumers, and causing damage to organizations and individuals, this is a violation of the law.
Depending on the nature and severity, this behavior may be subject to administrative sanctions or, more seriously, criminal prosecution. At Point a, Clause 1, Article 101 of Decree No. 15/2020/ND-CP stipulating administrative sanctions in the fields of post, telecommunications, radio frequencies, information technology and electronic transactions: fines from 10 to 20 million VND; confiscation of exhibits and means of violation; forced removal of false or misleading information.
Or more seriously, Ms. A. can denounce B.'s behavior as having signs of committing the crime of slander under Article 156 or the crime of illegally providing or using information on computer networks or telecommunications networks under Article 288 of the 2015 Penal Code, amended and supplemented in 2017. In addition, Ms. A. can file a lawsuit to request compensation for damages if she believes that Mr. B. has provided false information about the product, causing damage to business and production activities.