The ruling by the Hamburg Regional Court (LG) on January 12, 2018 shows that companies may be entitled to have a negative Google review deleted under certain circumstances. The case of the Hamburg restaurateur who brought the action (Ref.: 324 O 63/17) concerned a 1-star review that was submitted by an anonymous user and provided without further comment. This decision is groundbreaking for many companies, as it shows what a legal approach against unfair and business-damaging reviews can look like.
The initial situation: Anonymous evaluation without comment
The plaintiff innkeeper had received a 1-star rating from a user with the pseudonym “A.K.”. This review contained neither a comment nor recognizable links to the actual customer experience. The restaurateur then asked Google to check the reviewer and her customer characteristics and to delete the review if no customer characteristics could be established. However, Google refused to do so, stating that the review did not constitute a breach of policy. The operator of the restaurant then decided to take legal action.
Google guidelines: When may a rating be submitted?
Google’s guidelines stipulate that reviews should reflect authentic experiences that a user has had with a company. A review without an actual customer experience contradicts the meaning and purpose of these guidelines, as it can unlawfully distort the image of a company. Nevertheless, the practice of having a review deleted from Google is often difficult. Google does not carry out preliminary checks by default and often refuses to delete reviews unless there is an obvious breach of the guidelines.
In the case of the innkeeper, however, the Hamburg Regional Court found a violation of personal rights, as the reviewer had posted a review anonymously and without any recognizable points of reference. The court ruled in favor of the plaintiff and stated that freedom of expression is restricted in such cases. This is a particularly relevant argument in Germany, where the dignity and honor of a person or company are protected under Article 1 of the Basic Law.
Valuation without reference points: The legal opinion of the LG Hamburg
The Regional Court of Hamburg came to the conclusion that an uncommented 1-star rating is generally permissible as an expression of opinion. However, expressions of opinion in Germany must also be linked to facts if they could have business-damaging consequences. If the reference point is missing, freedom of opinion is limited and the personal rights of the person being rated come to the fore. The judges pointed out that although it is generally permitted to make personal value judgments in the form of star ratings, this may not be done without a basis. Therefore, if there is no concrete evidence that a customer has had an experience with the rated company, freedom of expression can be restricted in order to ensure the protection of the person concerned or the company.
Deleting reviews on Google: Different judgments and uncertainties for companies
Although the ruling by Hamburg Regional Court provides companies with guidance, it is not a general guarantee for the success of deletion requests. For example, in July 2017 (case no. 022 O 560/17), the Augsburg Regional Court ruled differently and rejected a company’s claim that a negative review should be deleted even though the reviewer was demonstrably not a customer. In this case, the court did not see sufficient grounds to remove the review and emphasized that this was also an expression of opinion that was covered by freedom of expression.
The divergent rulings show that the case law on Google reviews is not yet fully established. Companies must clarify on a case-by-case basis whether the requirements for deletion are met. The hurdles to having a Google review deleted are often high, especially if the review does not contain any offensive or insulting content. Nevertheless, the ruling by Hamburg District Court offers an opportunity to take action against reviews that are obviously unjustified and damaging to business.
Options for action: How companies can proceed
- Checking the review: First of all, the company should check whether the review constitutes a specific violation of Google’s guidelines. It is important to check whether the review is based on an actual customer experience and whether it contains specific links to the company’s business activities.
- Reporting to Google: Companies can use the “Report this review” function on Google My Business to submit an unlawful review for review. It is helpful to give clear reasons why the review should be removed.
- Consult a lawyer: If Google refuses to delete a review, a lawyer specializing in Internet law can check whether legal action against Google or the reviewer is appropriate. In cases such as the ruling by Hamburg District Court, a lawsuit may be successful if the review is obviously unfounded.
- Legal action: Legal action is one way of having a Google review deleted if it can be proven that there has been no customer contact and the review was made without any factual basis. The judgment of the Hamburg Regional Court shows that courts can be prepared to protect the personal rights of the company.
Conclusion: opportunities and risks for companies
It is possible to have a review deleted from Google, but the hurdles are high. The ruling by Hamburg District Court is a positive signal for companies that want to defend themselves against anonymous reviews without comment. However, companies should remain realistic and be aware that the case law is not uniform. A precise examination of the facts and, if necessary, legal support can help to assess the realistic chances of success for the deletion of a review.
