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// Netherlands · Review removal

Daycare wins legal battle over fake Google reviews, court orders removal and user data disclosure

Rechtbank Amsterdam ·

ECLI:NL:RBAMS:2016:987

Read the ruling at rechtspraak.nl

The case

A daycare center successfully fought against four fake Google reviews that were copied from other websites and used false identities. The court ordered Google to remove the remaining review and provide personal data of all four reviewers, but denied the request to remove the entire review function.

What the court considered

  • 01Four reviews were evidently unlawful as they were fake/spam - copied from other websites and using false identities
  • 02Google's notice-and-takedown policy had failed despite repeated reports from plaintiff
  • 03Three reviews were acknowledged by Google as spam after the hearing, the fourth review (Jennifer Claes) used a false portrait photo infringing on portrait rights
  • 04Plaintiff had legitimate interest in personal data to act against unlawful conduct, which outweighed anonymity of fake reviewers
  • 05Removal of entire review function was denied as technically impossible and disproportionate infringement on freedom of expression

What this means in practice

Companies can take legal action against fake reviews by providing concrete evidence of copying and false identities. Platforms must make their notice-and-takedown procedures more effective and enforce their own policies more rigorously. This ruling demonstrates the tension between protection against fake reviews and freedom of expression, and establishes clear criteria for when platforms must intervene against manifestly unlawful content.

Legal basis

  • Artikel 6:196c lid 4 BW
  • Lycos/Pessers arrest HR 25 november 2005
  • Artikel 6:162 BW
Review removal

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