Reply Sat 16 Jun, 2007 05:10 pm
This situation in particular seems silly to me, especially given the food described, but I suppose the ability to sue and possibly win is an interesting question.

I also suppose this question of suing a critic has come up myriad times before, in other arts than culinary. Reviews are only opinions, however knowledge based. Untrue information would be a possible problem, to me.




http://media.guardian.co.uk/site/story/0,,2104346,00.html

Review of meal that 'jangled like a car crash' deemed defamatory


Barbara McMahon in Sydney
Saturday June 16, 2007
The Guardian

Australian food critics were left spluttering into their napkins yesterday after a court decided that an unfavourable review of a Sydney restaurant was defamatory, opening the way for the owners to claim damages.
The critics said the decision could lead to reviewers of theatre, music, literature and art fearing to speak their minds in case they are sued.

The case centres on a review of Coco Roco restaurant published in the Sydney Morning Herald newspaper in 2003. Matthew Evans, then the newspaper's chief food critic, dined at the restaurant twice and was not impressed. He said the flavour of oysters soaked in limoncello "jangled like a car crash" and that a sherry scented apricot white sauce that accompanied steak was a "wretched garnish" that he scraped off.

Awarding the restaurant nine points out of 20, he concluded that "more than half the dishes I've tried at Coco Roco are simply unpalatable", and that the food was overpriced.

Coco Roco closed three months after the review and the owners, who had spent more than A$3m (£1.3m) refitting the restaurant, blamed it on the reviewer, saying that customers had been put off by Evans' words.

The affair has been in the courts for months. In the latest ruling the high court of New South Wales found that the review was an attack on the restaurant as a business. "Business capacity and reputation are different from personal reputation," the judgment said. "Harm to the former can be, as here, inflicted more directly and narrowly than harm to a person's reputation."

The Sydney Morning Herald's current chief restaurant critic, Simon Thomsen, said yesterday the judgment meant that now "anything short of hagiography will be defamatory".

Veteran food critic Leo Schofield said the ruling set a bad precedent. "If a poor review leads to diminished returns at the box office of the theatre are we now going to say that it is due to the review and not to the quality of the work?" he asked.

David Griffiths, executive chef at Wildfire, one of Sydney's best restaurants, said it was laughable to suggest that one bad review could close a restaurant. Matthew Moran, the head chef of another popular restaurant, Aria, said his restaurant had benefited from the constructive criticism of food critics such as Mr Evans.

Further hearings will be held so that the newspaper can put forward its defence and for the court to decide if the owners of Coco Roco are entitled to damages.

The court's decision comes after a jury in Belfast upheld a restaurant owner's claim that a review in the Irish News was defamatory and awarded him £25,000 this year.
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dadpad
 
  1  
Reply Sat 16 Jun, 2007 07:49 pm
My old mum used to say... If you can't say something nice keep your mouth shut.

I suspect the end result will be that good reviews will be published and poor reviews will not be published thus leaving the public to judge for themselves.

Which I actually think is a good thing.
0 Replies
 
ossobuco
 
  1  
Reply Sat 16 Jun, 2007 08:00 pm
computer acting up if I disappear...



So, we're left with only the critics who write favorable stuff (the average hometown weekly) even in culinary capitals, say, NYC, which had a kind of bruhaha of this sort recently.

A lot of positive reviews are seriously (looking for serene word), ok, bereft, indeed even false.

This would be all so good for book reviews - think of the bennies for publishers...
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msolga
 
  1  
Reply Sat 16 Jun, 2007 08:03 pm
I read that report in the paper, osso, and wondered what was the point of reviewers if they couldn't review honestly? And fairly, of course.

I guess if they're not willing to undergo potentially unflattering reviews, restaurants could refuse to be part of the process?

No court finding can change anyone's assessment of whether the food was "unpalatable" or "over-priced" or not. All it would tell us is that reviewers are not free to review honestly.
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Merry Andrew
 
  1  
Reply Sat 16 Jun, 2007 08:05 pm
<sigh>

Why bother having a restaurant critic on staff if that critic mayn't criticise? What next? A publishing house suing a book critic because his bad review insured that a third-rate potboiler didn't make the best-seller list? An art gallery suing an art critic for a bad review?

This, I suppose, is the 21st Century concept of justice. We have all been certified as victims. There was a news item recently of an American, a former judge himself, having entered a multi-million-dollar suit against a cleaning establishment which did no more than somehow lose a pair of the man's trousers which he had entrusted for dry cleaning. The cleaner offered to replace the trousers, mind you, and even offered a very generous settlement amounting to several thousand dollars for any inconvenience incurred. No, this fine upstanding gentleman wants a few million bucks.

I'm afraid to criticise my barber if he gives me a bad haircut. It might cause him mental anguish which would be worth my entire estate if he decided to sue. (On the other hand, of course, instead of criticising, I could always try and sue the poor barber for a few million. Oh, the anguish!!!)
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ossobuco
 
  1  
Reply Sat 16 Jun, 2007 08:10 pm
The situation in NY was between Frank Bruni and a major restaurant owner, that is, of several zillion dollar places. No links, sorry. The restauranteur is, if I remember both no fool and provides, by and large, good food, and Bruni is a primo reviewer. I think they may be talking by now.

I'm sorry, I just can't imagine not being able to give an opinion of an experience in an opinion column. All the readers know a review is a take on a situation at a place in time, by the nature of critique.

Maybe dadpad is pulling my leg.
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dadpad
 
  1  
Reply Sat 16 Jun, 2007 08:26 pm
ossobuco wrote:

Maybe dadpad is pulling my leg.


For once in my life I was being serious.

I don't think all that much of critics. I feel even with good reviews that there is a lot of "emporer's new clothes" about reviews. Maybe I'm not educated enough but reviews I read seem to find lots of stuff (right and wrong) that I just don't see.

Let the public decide. caveat emptor.
0 Replies
 
Merry Andrew
 
  1  
Reply Sat 16 Jun, 2007 08:34 pm
I agree with a lot of what you say, dadpad. I don't place too much credence in critics either, whether it be restaurant critics, movie critics or book reviewers. After all, de gustibus non est disputandum. But that's hardly the point here. A critic's or reviewer's job is to offer his/her own honest opinion. If this right is in any way abridged, it makes a mockery of the concept of free speech. A critic is paid to write truthfully about what that critic thinks of that which is being critiqued. Otherwise, such columns become no more than what are called "readers" in advertising circles, i.e. p.r. puff, an unpaid-for advert for a place or thing.
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msolga
 
  1  
Reply Sat 16 Jun, 2007 08:40 pm
Exactly. I couldn't agree more, Andrew.
0 Replies
 
ossobuco
 
  1  
Reply Sat 16 Jun, 2007 08:57 pm
(I'm going to have to killllllllll my computer)


So, if one hates reviews, one doesn't have to read them. I'm the opposite, I enjoy reading opposing reviews, of books and movies (raised on P. Kael, she said what I already thought) and certainly about art and architecture.

I've a bias about food in that I was a foodie before foodie became a word, I'm so old. A teacher of my husband's used to read the LA Rag, the Herald Examiner, for reviews of various Salvadoran, Peruvian, Oaxacan, Veracruz, Cuban, Brazilian, Korean, Japanese, Vietnamese, Indian of varied regions, Pakistani, multiple regions of Chinese, Polish (Warzawa), Japo French, Chinois, and, oh, yeh, italian, holes in the wall in the LA area, and we'd all go together miles across town and try'em out.

We worked out our own favorite places and why we loved them, but the reviews were our starter; sometimes even neg ones were.

Oh, yes, and I agree with Merry Andrew re speech.
0 Replies
 
ossobuco
 
  1  
Reply Sat 16 Jun, 2007 09:07 pm
While we talk about this, eating/food blogs are coming to the fore...
0 Replies
 
Noddy24
 
  1  
Reply Wed 4 Jul, 2007 12:13 pm
My father was a Newspaper Man--and a bit of a theater buff. He refused to send a reviewer to any local amateur dramatic production.

His logic was that honest reviews would alienate partisan readers and that dishonest reviews were an insult to intelligent readers.


I rely on reviewers--mostly of books--to save me money. I consider them to be working for me (as does the rest of the newspaper staff) rather than for the book or the restaurant or the drama club.

If I were paying $100 for a restaurant meal, I'd like to be assured in advance that I wouldn't be wasting my money. Unfortunately one of the reasons that the Fast Food Franchises are so successful is that the consumer knows exactly what he'll be getting for his dinner.
0 Replies
 
 

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