Am I allowed to mention the name of a company in a negative light on social media?
April 21, 2024 | 40,00 EUR | answered by Isabel Tressel
Dear lawyer,
I have a question regarding media law and I hope that you can help me. In the past few weeks, I have had some negative experiences with a company that has acted very unprofessionally towards me. These experiences have led me to publicly express my dissatisfaction and mention the name of the company in social media.
However, I am unsure if I am legally allowed to do so. I do not want to risk any legal consequences, but I also feel obligated to warn other potential customers about the questionable practices of this company.
My concern is that the company may potentially sue me if I mention their name in a negative light publicly. Is there a legal basis that could prevent me from sharing my experiences with others? Are there possible legal actions that the company could take against me?
I would like to know if there are ways in which I can express my opinion about the company without having to fear legal consequences. Perhaps there are specific formulations or approaches that can protect me from legal problems.
Thank you in advance for your help and support.
Sincerely,
Clara König
Dear Mrs. König,
Thank you for your inquiry regarding media law. It is understandable that you are considering how to publicly share your negative experiences with a company without risking legal consequences. Media law regulates the legal framework for the dissemination of information in the media, including social media.
In general, you have the right to express your opinion about a company publicly, as long as this opinion is true and based on facts. The right to freedom of expression is a fundamental right protected by Article 5 of the Basic Law. Therefore, you can share your experiences with the company as long as you remain factual and do not spread false information.
It is important that you formulate your criticism of the company in a way that can be seen as an expression of opinion rather than a statement of fact. Therefore, avoid absolute statements like "The company is fraudulent" and instead formulate your criticism as a personal opinion, e.g. "I had the impression that the company acted unprofessionally".
However, there are limits to freedom of speech, especially when it comes to spreading insulting, defamatory, or false statements. If the company believes that your criticism is unlawful, it may take legal action such as a warning or a lawsuit against you. In such a case, it is advisable to seek legal advice in a timely manner to defend your rights.
Overall, you should be aware that spreading negative statements about a company carries risks and you should always base your opinion on facts. If you are unsure whether your statements are legally permissible, I recommend consulting a specialized media law attorney who can provide comprehensive advice.
I hope that this information has been helpful to you. If you have any further questions, please do not hesitate to contact me.
Sincerely,
Isabel Tressel
