MediaMaze

Court bans revenge reviews against judicial expert

ECLI:NL:RBOBR:2020:2626

Granted18 May 2020Rechtbank Oost-BrabantKort geding

Case Details

Date
18 May 2020
Court
Rechtbank Oost-Brabant
Case Number
C/01/356074 / KG ZA 20-115
Outcome
Granted

Expert Analysis

Court prohibits defendants from posting negative Google reviews about a judicial expert after a lounge furniture dispute. The reviews contained factual inaccuracies and were solely intended to damage the expert's reputation.

Court Reasoning

  • Reviews contained factually incorrect statements about travel costs and expert's methodology
  • Reviews were solely intended to damage reputation, not to inform other consumers
  • Use of fake profiles and repeated posting of reviews indicates bad faith

Key Takeaways

  • Courts will protect professionals from malicious fake reviews containing factual inaccuracies
  • Negative reviews motivated purely by revenge rather than consumer information are unlawful
  • Using multiple fake profiles to post reviews demonstrates bad faith and strengthens claims
  • Expert witnesses in legal proceedings can seek protection against retaliation through reviews

Significance

This case establishes clear boundaries for legitimate vs. malicious online reviews, particularly protecting court-appointed experts from retaliation.

Practical Implications

Businesses and professionals can successfully challenge demonstrably false and malicious reviews, especially when posted under fake profiles or motivated by revenge rather than genuine consumer experiences.

Legal Basis

Art. 6:162 BW

Parties

Plaintiff:
Court-appointed expert specializing in damage assessment and valuations
Defendant:
Former business partners who sold lounge furniture and lost court case involving plaintiff's expert report

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