Nirmal Tailor
Asked September 01, 2016

Legality of getting reviews on a product without permission

  • 2 Answers
  • 424 Views

Hi Sir, I'm going to launch a web portal which will collect the rates and reviews about the products available in the market. My query to you is, is it illegal or legal to get reviews about the product without the owner's permission.

Answers 2

The ratings which you wish to collect are already published in the market, that is, they are open sources of data, and hence, you do not require any additional permission from the owner of the product. Reviews do not require permission and no action may be taken against such reviews as long as they are not defamatory against the person, as provided under S. 499 of IPC[1], i.e., it shall not make an imputation concerning any person or company or association of persons. Moreover, it is essential to ensure that such collection does not result in denial of market access to the owner, which is prohibited under S. 4 of Competition Act, 2002[2].

Hence, though you do not require any grant of permission from the product’s owner for such collection of rates and reviews, but you will be safe from future legal proceedings if you avoid the above mentioned circumstances.

 

[1] Available at: https://indiankanoon.org/doc/1041742/

[2] Available at: https://indiankanoon.org/doc/1780194/

Agree Comment 0 Agrees about 4 years ago

Default avatar
Nirmal Tailor

Hi Apoorwa Iyer,

The reviews which I'm going to collect which are not in the market, I'll send the product links to customers asking for reviews and then they willl put thier reviews on products. In my queries I asked that I'll ask for reviews of product which are available in market(not reviews available in market).

Kindly advice is it legal or illegal?

Thanks,

Nirmal Tailor

Agree Comment 0 Agrees about 4 years ago
  • Default avatar
    Hello Sir, The answer still stands that it is not illegal, as long as you are: 1. Not defaming the company or product (note that truth is a defence in such cases) 2. Not copying reviews/images/works of another person, 3. Clearly indicating that you are not selling the product and merely reviewing it. Also, a company cannot force you to remove negative reviews, as long as it is truthful or your opinion. However, if the statements damage one's reputation and are not proven to be true, then it is best to remove such statements, as you might be in legal trouble due to defamation laws.
    Agree 0 Agrees about 4 years ago


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