// Netherlands · Review removal

Computer business fails to force Google removal of negative review

Rechtbank Amsterdam · 22 May 2020

ECLI:NL:RBAMS:2020:2653

The case

A computer business demanded Google remove a negative review it considered 'fake'. The court denied the claim as it was insufficiently proven that the review was evidently unlawful - Google demonstrated the business did sell Asus computers and negative reviews under pseudonyms are permitted.

What the court considered

01Plaintiff could not sufficiently prove the review was 'fake' - Google demonstrated that plaintiff did sell Asus computers
02Using pseudonyms for reviews is not inherently unlawful
03The negative language ('dirty scammer') did not evidently exceed the boundaries of what is permissible
04The bar is set high for restricting freedom of expression - consumers must be able to share negative experiences
05Plaintiff had insufficiently substantiated why the review should be considered evidently unlawful

What this means in practice

Companies must gather strong, concrete evidence that a review is false before they can force platforms to remove it. Merely claiming that something is 'fake' is insufficient. This ruling clarifies the high burden of proof for companies seeking to remove fake reviews and emphasizes the protection of consumer opinions and freedom of expression.

Legal basis

Artikel 6:162 BW (onrechtmatige daad)
Artikel 7 lid 2 Verordening (EU) 1215/2012 (EEX Verordening)
Artikel 4 lid 1 Verordening (EG) 864/2007 (Rome II)
Uitingsvrijheid

Review removal

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