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<\/p>\nOnline reviews shape how customers make buying decisions in the Netherlands. When you run a business or leave reviews yourself, you need to understand what the law allows and what crosses the line into defamation.<\/p>\n
The rules are clear but not always simple.<\/p>\n
<\/p>\n
Businesses in the Netherlands must follow strict rules about posting and removing reviews, whilst individuals who write reviews can face defamation claims<\/a> if their statements harm someone’s reputation unlawfully.<\/strong> Dutch law protects both consumers who want to share honest opinions and businesses that need defence against false or damaging statements.<\/p>\n Getting this balance wrong can lead to fines up to \u20ac2 million for companies or legal action for defamation.<\/p>\n This article explains the legal framework that governs online reviews, when reviews become defamation under Dutch law<\/a>, and how authorities enforce these rules.<\/p>\n You will learn practical steps to stay compliant whether you manage reviews for your business or write them as a consumer.<\/p>\n Dutch law regulates online reviews through criminal provisions on defamation, civil liability rules, and European human rights standards that protect both free expression and personal reputation.<\/p>\n New regulations since May 2022 explicitly ban fake reviews and require transparent review policies from businesses.<\/p>\n Defamation in the Netherlands refers to statements that harm someone’s reputation or honour without legal justification. Dutch law distinguishes between two main types of defamation.<\/p>\n Libel<\/strong> involves written or published defamatory statements, including online reviews, social media posts, and website comments.<\/p>\n Slander<\/strong> covers spoken defamatory statements made verbally.<\/p>\n For online reviews, libel<\/a> is the relevant category because written statements posted on websites or platforms fall under this definition.<\/p>\n The distinction matters less in practice than it did historically, as both forms carry similar legal consequences under Dutch law.<\/p>\n A statement becomes defamatory when it damages someone’s reputation in the eyes of others. The statement must be factual in nature rather than pure opinion.<\/p>\n You cannot face defamation claims for expressing genuine personal opinions, but false factual claims about businesses or individuals may cross into illegal territory.<\/p>\n The Dutch Criminal Code addresses defamation through Articles 261 to 271. These provisions make it a criminal offence to knowingly make false statements that damage another person’s or business’s honour or reputation.<\/p>\n Article 261 specifically covers simple defamation with potential penalties. Article 262 addresses slander<\/a>ous defamation, which involves more serious false accusations.<\/p>\n Criminal prosecution requires intent, meaning you must knowingly spread false information.<\/p>\n The Dutch Civil Code provides separate grounds for civil liability. Under Article 6:162, you can be held liable for unlawful acts that cause damage to others, including defamatory statements.<\/p>\n Civil cases focus on compensation rather than punishment.<\/p>\n Businesses can pursue civil claims more easily than criminal charges. They must prove the statement was false, caused damage, and lacked reasonable justification.<\/p>\n Truth serves as a complete defence in both criminal and civil proceedings.<\/p>\n The Autoriteit Consument en Markt enforces additional rules on fake reviews, with fines reaching \u20ac2 million or 4% of annual turnover for violations.<\/p>\n The European Convention on Human Rights significantly shapes how Dutch courts handle defamation cases involving online reviews. Article 10 ECHR protects your freedom of expression, including the right to share opinions and information publicly.<\/p>\n Dutch courts must balance reputation protection against free speech rights. The Dutch Supreme Court consistently applies ECHR principles when evaluating defamation claims.<\/p>\n This means legitimate criticism and honest opinions receive strong protection.<\/p>\n The European Court of Human Rights has established that consumer reviews serve an important public interest function. Courts recognise that sharing genuine experiences helps others make informed purchasing decisions.<\/p>\n This protection extends even to negative reviews, provided they contain truthful statements or reasonable opinions.<\/p>\n Privacy considerations under the General Data Protection Regulation also affect review platforms. The Autoriteit Persoonsgegevens oversees data protection compliance, though this primarily impacts how platforms collect and process reviewer information rather than review content itself.<\/p>\n Dutch law protects honest consumer feedback<\/a> whilst setting clear boundaries for both businesses and reviewers.<\/p>\n The ACM enforces rules that require transparency in how reviews are collected, displayed, and managed by online stores selling online.<\/p>\n You can post any honest review based on your actual experience with a product or service. The law protects your right to share genuine opinions, even if they are negative or critical.<\/p>\n Your review must be truthful and based on facts you can support. You cannot make false statements<\/a> about a business, its products, or services.<\/p>\n If you exaggerate problems or invent issues that did not occur, this could be considered defamation.<\/p>\n When writing negative reviews<\/a>, focus on specific experiences rather than personal attacks. You can describe poor service, faulty products, or unmet expectations.<\/p>\n These are legitimate consumer experiences<\/a> that help other shoppers make informed decisions.<\/p>\n Anonymous reviews are allowed on most platforms like Google and Facebook. However, being anonymous does not protect you from legal consequences if your review contains false or defamatory statements.<\/p>\n Online stores can take legal action to identify anonymous reviewers who post unlawful content.<\/p>\n Online stores must follow strict rules under the Guidelines on the Protection of the Online Consumer and the Omnibus Directive. These regulations came into effect in May 2022 to improve consumer protection across the European Union.<\/p>\n Businesses cannot purchase, create, or use fake reviews. The ACM can impose fines up to \u20ac900,000 per violation for selling or using fraudulent reviews.<\/p>\n This applies to both the businesses that buy fake reviews and those who sell them.<\/p>\n You cannot delete negative reviews simply because they are unfavourable. Online stores can only remove reviews that contain false information, offensive language, or violate terms of service.<\/p>\n Selectively removing legitimate negative feedback whilst keeping positive reviews is prohibited.<\/p>\n When displaying reviews, businesses must clearly indicate whether they show all reviews or only a selection. If you filter reviews, you must explain your criteria.<\/p>\n Countdown timers and other pressure tactics used alongside reviews must be genuine and not misleading.<\/p>\n You can offer incentives for reviews, but transparency is essential. Online stores must clearly disclose when reviews are incentivised or sponsored.<\/p>\n If you receive a discount, free product, or payment for writing a review, you must state this in your review. This requirement applies across all platforms, including Google Reviews, Facebook, and your own website.<\/p>\n The connection between the reviewer and business must be obvious to other consumers.<\/p>\n Offering incentives in exchange for only<\/strong> positive reviews is prohibited. You can encourage customers to leave reviews, but you cannot require them to be favourable.<\/p>\n Any incentive programme must allow honest feedback, including negative opinions.<\/p>\n The same rules apply to influencers and affiliate marketers. If you have a business relationship with a company, you must disclose this when reviewing their products or services.<\/p>\n Google, Facebook, and other review platforms have responsibilities under Dutch and EU law. These platforms must provide mechanisms for reporting fake or defamatory reviews.<\/p>\n Each platform has its own policies for managing reviews. Google Reviews allows businesses to flag inappropriate content and respond to feedback.<\/p>\n Facebook provides similar tools for business pages. However, platforms are not required to verify every review before publication.<\/p>\n You can request removal of reviews that violate platform policies or Dutch law. The process varies by platform, but most require you to demonstrate why a review should be removed.<\/p>\n Platforms typically remove reviews containing hate speech, personal attacks, or obvious falsehoods more readily than negative opinions.<\/p>\n If a platform refuses to remove a defamatory review, you can take legal action. Dutch courts can order platforms to remove content or disclose reviewer identities.<\/p>\n You may need to provide evidence that the review is false and has caused damage to your business.<\/p>\n Platforms must comply with VAT and other business regulations when operating in the Netherlands. This includes cooperating with ACM investigations into fake reviews and online deception.<\/p>\n A negative review crosses into defamation when it contains false statements that harm someone’s reputation rather than expressing honest opinions about a real experience.<\/p>\n The law looks at whether the reviewer intended to damage reputation and whether the statements are facts or opinions.<\/p>\n Defamation occurs when someone publishes a false statement that damages<\/a> your reputation. In the Netherlands, this falls under two categories in the Dutch Criminal Code<\/a>: smaad<\/em> (defamation) and laster<\/em> (libel).<\/p>\n Smaad<\/em> involves publishing a statement with the primary intention to harm your honour or reputation. The statement does not need to be false.<\/p>\n If someone spreads information mainly to hurt you, it can qualify as smaad<\/em> even when true.<\/p>\n Laster<\/em> is more serious because it requires the person to knowingly publish a false statement<\/strong>. You must prove the reviewer knew their claim was untrue.<\/p>\n This makes libel<\/strong> cases harder to win but also more serious as a criminal offence<\/strong>.<\/p>\n Most defamation cases now go through civil court<\/strong> rather than criminal prosecution. This route is faster and focuses on practical solutions like removing content and getting damages<\/strong>.<\/p>\n Around 68% of defamation cases in the Netherlands now involve digital content.<\/p>\n The law treats facts and opinions very differently. A judge<\/strong> will examine whether a review states facts or expresses opinions.<\/p>\n This distinction often decides whether litigation<\/strong> succeeds or fails.<\/p>\n Facts can be proven true or false. Saying “The restaurant gave me food poisoning” is a factual claim.<\/p>\n You either got sick or you did not. False statements<\/strong> of fact can lead to libel and slander<\/strong> claims.<\/p>\n Opinions reflect personal views and feelings. Saying “I found the service rude” or “The food tasted bland” expresses your experience.<\/p>\n These subjective assessments receive stronger protection under free speech rights. Courts generally protect opinions unless they imply false facts.<\/p>\n The way you phrase a review matters greatly. Writing “The owner steals from customers” states a fact and can be defamatory if false.<\/p>\n Writing “I felt cheated by the pricing” expresses an opinion and has more protection. Reviews that mix opinion with false factual claims create problems for reviewers.<\/p>\n Truth serves as the strongest defence against defamation claims. If you can prove your statements are accurate, you cannot be found liable for libel<\/strong>.<\/p>\n This applies even when the truth damages someone’s reputation.<\/p>\n However, proving truth is not always straightforward. You need evidence to support your claims.<\/p>\n Saying “The kitchen was filthy” requires proof like photos or health inspection reports. Without evidence, even true statements become hard to defend.<\/p>\n The reviewer’s fault also matters in defamation cases. Courts examine whether you acted in good faith when posting your review.<\/p>\n Did you actually visit the business? Did you base your review on genuine experience?<\/p>\n Reviews that fabricate experiences or deliberately mislead readers cross into defamation territory.<\/p>\n Slander<\/strong> traditionally refers to spoken defamation whilst libel<\/strong> covers written statements. Online reviews fall under libel because they are published in written form.<\/p>\n This distinction affects how courts handle cases and what remedies are available through civil court<\/strong> proceedings.<\/p>\n Dutch law provides several routes to address defamatory online reviews, including civil litigation<\/a> for damages and emergency procedures to remove harmful content quickly.<\/p>\n Understanding these options helps you take appropriate action when reviews cross legal boundaries.<\/p>\n You can pursue defamation claims through civil courts<\/a> in the Netherlands, which is the most common approach for handling defamatory reviews.<\/p>\n Civil litigation allows you to seek compensation and other remedies for reputational harm<\/a> caused by false statements.<\/p>\n Criminal proceedings are also available under Dutch law, as defamation is classified as a criminal offence.<\/p>\n However, criminal cases require involvement of the Public Prosecution Service and are typically reserved for serious instances.<\/p>\n Most businesses and individuals opt for civil proceedings because they offer more direct control over the case and access to various remedies.<\/p>\n To initiate civil litigation, you must engage a Dutch lawyer who can assess the merits of your claim and prepare the necessary documentation.<\/p>\n The civil court will evaluate whether the review contains false statements of fact, whether it caused harm to your reputation, and whether the defendant acted unlawfully.<\/p>\n The burden of proof rests with you as the claimant.<\/p>\n When pursuing a defamation claim, you can request financial compensation for damages suffered due to the defamatory review. Damages may cover both material losses, such as lost business revenue, and non-material harm to your reputation.<\/p>\n Courts assess damages based on the severity of the defamatory statement, the extent of publication, and the actual harm caused. You must provide evidence demonstrating the financial impact and reputational damage you experienced.<\/p>\n Rectification is another remedy available through Dutch civil courts. This requires the defendant to publish a correction or retraction of the defamatory statement.<\/p>\n The judge determines the content and placement of the rectification to ensure it adequately addresses the harm caused. Rectification is particularly valuable when restoring your reputation matters more than monetary compensation.<\/p>\n You can request an injunction to prevent further publication of defamatory content or compel its removal from review platforms. Injunctions serve as powerful tools to stop ongoing reputational damage quickly.<\/p>\n Dutch courts can order review platforms or the original poster to delete defamatory reviews. The judge evaluates whether the content is unlawful and whether removal is necessary and proportionate.<\/p>\n Platforms must comply with court-ordered removals, though enforcement can prove challenging with international websites. An injunction may also prohibit the defendant from making similar statements in the future.<\/p>\n Violating an injunction can result in penalty payments, providing strong incentive for compliance.<\/p>\n Kort geding offers a fast-track procedure for urgent defamation cases requiring immediate action. These summary proceedings typically conclude within weeks rather than the months or years civil litigation may take.<\/p>\n You can use kort geding<\/a> when defamatory reviews cause ongoing harm and swift intervention is necessary. The judge in kort geding proceedings can order immediate removal of content, issue interim injunctions<\/a>, or award provisional damages.<\/p>\n These decisions are legally binding but may be reviewed in full civil proceedings later. The Dutch Supreme Court has upheld the use of kort geding for online defamation cases, recognising the urgent nature of reputational harm in the digital environment.<\/p>\n To succeed, you must demonstrate both the unlawfulness of the review and the urgency requiring immediate judicial intervention. A Dutch lawyer can advise whether your situation warrants summary proceedings rather than standard litigation.<\/p>\n The ACM monitors fair competition and online business practices, whilst the Autoriteit Persoonsgegevens<\/a> safeguards privacy rights in digital spaces. EU regulations like the Omnibus Directive have strengthened protections for consumers dealing with online reviews.<\/p>\n The Authority for Consumers and Markets (ACM) oversees fair competition and consumer protection in the Netherlands. This includes monitoring online review practices and advertising claims.<\/p>\n The ACM can take action against businesses that manipulate reviews or use misleading practices to deceive consumers. The regulator investigates complaints about fake reviews and unfair commercial practices.<\/p>\n When violations occur, the ACM has the power to impose fines and demand corrective measures. They work alongside other regulators through the Digital Regulation Cooperation Platform to address digital services issues.<\/p>\n The ACM particularly focuses on transparency requirements. You must provide accurate information about how reviews are collected and verified on your platform.<\/p>\n Businesses cannot pay for positive reviews without proper disclosure.<\/p>\n The Autoriteit Persoonsgegevens (AP) enforces data protection laws<\/a> related to online reviews. When you post or manage reviews, you must comply with GDPR requirements<\/a> for personal data processing.<\/p>\n This includes protecting the privacy of reviewers and subjects of reviews. The AP requires clear consent before collecting personal information from reviewers.<\/p>\n You must inform users about how their data will be used and stored. Reviews containing personal details about private individuals may violate privacy laws if published without consent.<\/p>\n The AP participates in the Digital Regulation Cooperation Platform alongside the ACM. This coordination helps address cases where privacy and consumer protection issues overlap.<\/p>\n If your review practices breach privacy rules, the AP can impose substantial fines.<\/p>\n The Omnibus Directive strengthened consumer protection rules across the EU, including the Netherlands. It introduced specific requirements for online review platforms and businesses displaying customer feedback.<\/p>\n You must now disclose whether reviews are verified and how you ensure their authenticity. The directive prohibits submitting or commissioning fake reviews.<\/p>\n It also requires transparency about review filtering and ranking criteria. These rules aim to help consumers make informed decisions based on genuine feedback.<\/p>\n EU measures like the Digital Services Act<\/a> add further oversight requirements. Platforms must have systems to detect and remove illegal content, including defamatory reviews.<\/p>\n The ACM monitors compliance with these regulations, working within the framework established by EU law.<\/p>\n The Netherlands Authority for Consumers and Markets (ACM) has established clear expectations for how businesses should handle online reviews. These guidelines cover everything from creating fair review systems to responding to negative feedback and preventing fake reviews on your platforms.<\/p>\n When selling online, you must establish transparent review policies that comply with ACM guidelines on the protection of the online consumer. Your review system needs to clearly explain how you collect, publish, and manage customer feedback.<\/p>\n You should inform customers about which reviews you publish and any criteria you use to filter them. If you modify or reject reviews, you must have clear, objective rules.<\/p>\n State whether you verify that reviewers actually purchased your product or service. Your policy must explain the timeframe for publishing reviews and whether you use any automated systems to detect suspicious content.<\/p>\n Make this information easy to find on your website before customers write their reviews. For online stores using platforms like Google Reviews, you cannot cherry-pick only positive feedback whilst hiding legitimate negative comments.<\/p>\n This violates consumer protection rules and constitutes misleading commercial practices under Dutch law.<\/p>\n When you receive negative consumer reviews, you must distinguish between honest criticism and defamatory statements<\/a>. Customers have the right to share their genuine experiences, even when unfavourable.<\/p>\n A review becomes potentially defamatory when it contains false factual claims that damage your reputation. Opinions like “poor service” are protected, but statements like “this shop stole my money” (when untrue) may constitute defamation.<\/p>\n You should respond professionally to negative reviews rather than immediately seeking removal. Address the customer’s concerns and offer solutions.<\/p>\n This demonstrates good customer service whilst building trust with potential buyers. If a review contains false statements, contact the reviewer first to request correction or removal.<\/p>\n Document all communication. For reviews on third-party platforms, use their reporting mechanisms for content that violates their terms or contains provable falsehoods.<\/p>\n You cannot write fake reviews for your own business or pay others to do so. The ACM actively investigates and penalises businesses that use misleading reviews<\/a>.<\/p>\n Marketing service providers who create fake reviews on your behalf also violate these rules. Do not offer incentives like discounts or free products in exchange for positive reviews.<\/p>\n You may encourage customers to leave reviews, but you cannot condition rewards on the review’s rating or content. If you invite specific customers to review your products, you must also accept uninvited reviews.<\/p>\n You cannot selectively request feedback only from satisfied customers whilst ignoring others. Third-party review platforms must verify that reviewers have genuine experience with your business.<\/p>\n When managing reviews on your own website, implement systems to confirm actual purchases before publishing feedback.<\/p>\n Dutch law<\/a> requires businesses to show only genuine customer reviews<\/a> and sets clear boundaries on what counts as defamation, with significant penalties for violations and specific legal remedies available to both consumers and businesses.<\/p>\n A lawful online review in the Netherlands must come from a real customer who has actually used your product or service. You cannot write reviews about your own business whilst pretending to be a customer.<\/p>\n You also cannot pay someone to write a review unless you clearly mark it as sponsored. Your website must have a review policy that explains how you handle reviews.<\/p>\n This policy needs to describe how you verify that reviews come from actual customers. You might use account systems or purchase verification to confirm that reviewers are genuine.<\/p>\n You can display review scores, but you must explain how you calculate them. If customers rate products with stars, you need to show how those stars translate into a numerical score.<\/p>\n You must also describe what steps you take to prevent fake reviews from appearing on your site.<\/p>\n Defamation under Dutch law occurs when someone makes a false statement that harms your reputation. The statement must be presented as fact rather than opinion.<\/p>\n If someone writes that your restaurant gave them food poisoning when this never happened, that could be defamation. Opinion statements receive more protection than factual claims.<\/p>\n A customer can say they found your service disappointing or your prices too high. These are subjective views rather than verifiable facts.<\/p>\n The statement must also be communicated to at least one other person besides you. Online reviews meet this requirement because they appear publicly on the internet.<\/p>\n The harm to your reputation must be real and demonstrable, not just mildly unflattering.<\/p>\n You could face civil liability if you post a defamatory review in the Netherlands. The affected business can sue you for damages to compensate for harm to their reputation.<\/p>\n Courts may award financial compensation based on the severity of the defamation and its impact on the business. The court can order you to remove the defamatory content and publish a retraction.<\/p>\n You might need to post a correction stating that your original review contained false information. This retraction may need to appear in the same place as the original review.<\/p>\n Businesses that violate review regulations face penalties from the Autoriteit Consument en Markt. Fines can reach up to 4 per cent of annual turnover or 2 million euros, whichever is less.<\/p>\n For repeat violations, the fine can increase to 10 per cent of annual turnover.<\/p>\n You should first document the defamatory review by taking screenshots and noting the date and location where it appears. Gather evidence that disproves the false claims made in the review.<\/p>\n This might include receipts, communication records, or other documentation. Contact the person who posted the review if possible.<\/p>\n Sometimes disputes arise from genuine misunderstandings that can be resolved through direct communication. Many reviewers will remove or modify their review if you address their concerns properly.<\/p>\n If direct contact fails, you can request that the platform hosting the review remove it. Provide evidence showing why the review is defamatory.<\/p>\n If the platform refuses, you can file a complaint with the Autoriteit Consument en Markt or take legal action through the courts.<\/p>\n Base your review on your actual experience with the business. Only write reviews for products or services you have genuinely purchased or used.<\/p>\n Stick to facts that you can verify or clearly label your statements as personal opinions. Avoid making absolute statements that you cannot prove.<\/p>\n Instead of claiming a restaurant has poor hygiene standards, describe what you personally observed. You can say the table was dirty or the floors were sticky without making broader accusations.<\/p>\n Do not use offensive language or make personal attacks against staff members. Keep your review focused on the product or service itself.<\/p>\n If you received compensation or free products in exchange for the review, you must disclose this clearly.<\/p>\n Freedom of expression protects your right to share honest opinions about businesses in the Netherlands. You can criticise products, services, and business practices without fear of legal consequences.<\/p>\n This protection extends to negative reviews as long as they are truthful or clearly stated as opinions. Dutch law balances free speech against protection from defamation.<\/p>\n You have broad latitude to express disappointment, frustration, or dissatisfaction. The protection has limits when reviews contain false factual statements that damage reputations.<\/p>\n Your right to free expression does not extend to making up lies about a business. You must distinguish between protected opinion and unprotected false statements of fact.<\/p>\n","protected":false},"excerpt":{"rendered":" Online reviews shape how customers make buying decisions in the Netherlands. When you run a business or leave reviews yourself, you need to understand what the law allows and what crosses the line into defamation. The rules are clear but not always simple. 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![\"A](\"https:\/\/highpowerlasertherapy.com\/law\/wp-content\/uploads\/2025\/12\/v2-161x3q-2dypt.jpg\" "\\"\\"")
<\/p>\nKey Definitions: Defamation, Libel, and Slander<\/h3>\n
Dutch Criminal and Civil Codes: Relevant Provisions<\/h3>\n
European Human Rights Influence on Dutch Practice<\/h3>\n
What Is Allowed with Online Reviews<\/h2>\n
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<\/p>\nPosting Genuine Consumer Experiences<\/h3>\n
Review Policies and Requirements for Online Stores<\/h3>\n
Sponsored and Incentivised Reviews<\/h3>\n
Role of Platforms: Google, Facebook and Others<\/h3>\n
When Do Online Reviews Become Defamation?<\/h2>\n
False Statements and Intention to Harm Reputation<\/h3>\n
Distinguishing Fact from Opinion in Reviews<\/h3>\n
Role of Truth and Fault in Defamation Cases<\/h3>\n
Enforcement and Remedies for Defamation in Reviews<\/h2>\n
Civil and Criminal Procedures<\/h3>\n
Claims for Damages and Rectification<\/h3>\n
Injunctions and Removal of Defamatory Content<\/h3>\n
Summary Proceedings (Kort Geding)<\/h3>\n
Role of Authorities and Regulatory Oversight<\/h2>\n
ACM and Enforcement Actions<\/h3>\n
Autoriteit Persoonsgegevens and Privacy Protection<\/h3>\n
The Impact of the Omnibus Directive and Other EU Measures<\/h3>\n
Best Practices and Practical Guidelines for Businesses<\/h2>\n
Setting Up Compliant Review Policies<\/h3>\n
Dealing with Negative and Potentially Defamatory Reviews<\/h3>\n
Ensuring Authenticity and Avoiding Fake Reviews<\/h3>\n
Frequently Asked Questions<\/h2>\n
What constitutes a lawful online review under Dutch regulation?<\/h3>\n
How does the Netherlands’ law define defamation in the context of online content?<\/h3>\n
What are the legal repercussions for posting defamatory reviews in the Netherlands?<\/h3>\n
What steps can businesses take if they believe an online review is defamatory?<\/h3>\n
Are there specific guidelines to follow when writing online reviews to avoid legal issues in the Netherlands?<\/h3>\n
How does the freedom of expression play a role in posting online reviews in the Netherlands?<\/h3>\n