Negative reviews on Google can have serious consequences for businesses. The Amsterdam court recently ruled in summary proceedings that a Google review is unlawful if it is not based on actual personal experiences.
What happened: a real estate developer got into a dispute with a car dealership about repairs performed on his car. The car dealer then posted a Google review on the real estate developer’s business listing on Google Maps. The review reads as follows: ‘I got to know Mr. X as a completely (financially) unreliable person. Be very careful if you ‘do business’ with them.’ The real estate developer ordered the car dealership to remove the review, but the dealership then changed the text to: ‘The sole shareholder, director and employee, got to know Mr. X as a completely (financially) unreliable person. Be very careful if you ‘do business’ with them.’
Unlawfully posted
According to the real estate developer, the car dealer unlawfully posted the review. He argues, firstly, that what the car dealer claims is untrue and, secondly, that the review was posted on the real estate developer’s company account, while the dispute surrounding the car is a private matter. He is therefore filing a preliminary injunction with the Amsterdam District Court, demanding that the car company remove reviews that are not based on actual experiences with his company. He also requests a ban on posting reviews online or on social media that are not based on actual experiences with his real estate company.
Good name damaged
The court ruled that the reviews on the real estate developer’s business account on Google were indeed unlawful if they were not based on an actual experience with the company. The court stated that the review damaged the real estate developer’s reputation, making it likely that he would suffer damages by deterring potential customers. The court found the review unlawful towards the real estate developer.
Actual negative experiences
The following can be concluded from the subdistrict court’s ruling: anyone can write reviews about products or services, even if they concern negative experiences. However, the content of the review must be based on the person’s own, actual negative experiences with the company being reviewed. Review platforms are therefore not suitable for settling personal disputes.
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