Trip Advisor Interesting Points

The legal view from law firm Thomas Eggar"


TripAdvisor undoubtedly has a loyal following of customers worldwide who use the site to decide where to stay. Therefore, it has great value where it is used properly by reviewers and hoteliers alike.

"Its value has even led to the UK Government suggesting earlier on in the year that the star rating for Hotels in the UK should be replaced by a customer review database similar to the one maintained by TripAdvisor on its website.

"However, TripAdvisor constantly faces complaints about the genuine nature of reviews and its position regarding the removal of comments that are not true and/or defamatory. In England, defamation claims can be brought against third parties like TripAdvisor if having been notified of a defamatory statement they continue to publish it.

"However, TripAdvisor values free speech and might not always consider that it is appropriate or necessary to remove allegedly defamatory reviews. If a review appears on TripAdvisor's website that is factually inaccurate and damages the reputation of your hotel in the UK, your ultimate recourse is to obtain a court order that is enforceable against TripAdvisor in the US.

"In these circumstances, it is more than likely that TripAdvisor would remove the defamatory content. However, such claims are expensive to pursue in the UK and the US and unless severe damage has been and is being caused to your business such claims are going to be rare.





"As a result, TripAdvisor's overall policy is unlikely to change. With this in mind, hoteliers should welcome the recent confirmation that the Advertising Standards Authority (ASA) are investigating claims that some reviews on TripAdvisor's website are defamatory or made up.

"The investigation is interesting in that the ASA has only recently had authority to look at websites and in that context will be specifically considering third party user generated content.

"However, it should give TripAdvisor the opportunity to consider its policies on how reviews are verified, used and if appropriate removed. This can only be of benefit to those in the industry (including TripAdvisor) who all have a vested interest in reviews being factually accurate and helpful to customers."