Key points
- Harsh, exaggerated criticism of a product is usually protected by freedom of expression.
- Above all, abusive criticism and particularly gross insults that serve only to disparage are not allowed. In other cases, the courts weigh the interests involved case by case.
- In addition, Amazon’s guidelines prohibit insulting, obscene, and harassing content. That is often the faster route.
Where the line is drawn
Freedom of expression also protects sharp criticism, even when it is not objective. “Junk, broke after a week” or “outrageous for the price” are permissible because they refer to an experience with the product. The courts deliberately keep the exceptions narrow.
A statement becomes impermissible mainly in two cases:
- Formal insult (Formalbeleidigung): particularly crude swear words, such as scatological terms, that are deliberately used only to disparage.
- Abusive criticism (Schmähkritik): the statement is no longer aimed at the matter at hand, but only at disparaging the other party.
In all other cases, the courts weigh the interests involved: freedom of expression on one side, protection of reputation on the other. The less a statement has to do with the product and the more disparaging it is, the more likely it is that the protection of the affected party prevails.
In addition, there are statements that sound insulting but at their core assert a false fact, such as the accusation that a seller is a “scammer.” These can often be challenged on the basis of this factual core. Read more in our guide Counterfeit or fraud accusations.
Examples
| Statement | Typical classification |
|---|---|
| “Total junk, stay away!” | Permissible, refers to the product |
| “The worst company in the world.” | Exaggerated opinion, usually permissible |
| “The seller is a complete idiot.” | Insult with no connection to the product, not allowed under Amazon’s guidelines |
| “A criminal gang that rips off its customers.” | Can be challenged if there is no basis for it: implies criminal offenses |
The classification always depends on the context of the review as a whole.
The faster route: Amazon’s guidelines
Amazon’s Community Guidelines go further than the law: insulting, obscene, discriminatory, or harassing content is not allowed there, even if it might still pass as an opinion from a legal standpoint. You can report such reviews using the “Report abuse” link. If Amazon does not respond, or if the case is more serious, a legal removal request makes sense.
How AMZDelete helps
AMZDelete detects insulting words and reputation-damaging accusations in reviews and highlights those passages. Our partner law firm checks whether there is a violation of the guidelines or whether the statement is legally impermissible, and chooses the appropriate route.
Frequently asked questions
Is “rip-off” allowed in a review?
Usually yes, as an exaggerated opinion about value for money. It is different if the word is used to allege a specific fraud that never happened.
Can I also take action against the author personally?
That is possible, but it takes considerable effort, because Amazon does not readily disclose who the author is. For most sellers, what matters is that the review disappears.
This guide gives a general overview and does not replace a legal review of your individual case. At AMZDelete, our partner law firm checks whether a review can be challenged.