网购给差评就构成商业诋毁了

Core Viewpoint - The case highlights the legal implications of malicious online reviews and the fine line between legitimate consumer feedback and commercial defamation, particularly in the context of competitive business practices [1][2][4]. Group 1: Case Background - A commercial defamation dispute arose from negative reviews on an e-commerce platform, involving an Australian company and a technology firm selling health products [1]. - The plaintiffs alleged that employees from two competing companies engaged in a coordinated effort to submit false negative reviews and request refunds without valid reasons, damaging the plaintiffs' reputation and sales [1][2]. Group 2: Court Proceedings - The first-instance court found that the negative reviews were baseless and constituted commercial defamation, leading to a ruling against the defendants, who were ordered to cease their actions, issue an apology, and pay 90,000 yuan in damages [3]. - The defendants appealed the decision, arguing that the negative reviews were personal actions of employees and not representative of the companies [4]. Group 3: Legal Perspectives - Legal experts emphasize that legitimate reviews should be based on genuine experiences and factual descriptions, while malicious defamation often involves fabricated claims and derogatory language [6]. - Businesses are expected to tolerate reasonable criticism but must take legal action against unfounded and malicious reviews aimed at harming competitors [6].