Doctor Entitled to Deletion – Ruling by the Higher Regional Court of Munich, Case No.: 18 U 2631/24 Pre e
Products, services, employers – almost everything can be reviewed on the internet. While this can be helpful on one hand, it can also be damaging to the reputation of those affected. However, false and defamatory statements online do not have to be tolerated. A ruling by the Higher Regional Court of Munich (OLG München) on August 6, 2024, confirms that Google can be obliged to delete a negative online review (Case No.: 18 U 2631/24 Pre e).
Online reviews have become a common feature for many service providers, including doctors. While positive feedback is desirable, negative reviews are sometimes unavoidable. However, review platforms must not be misused to spread fake news about competitors and damage their reputation. In such cases, there may be a right to have the review deleted, according to the business law firm MTR Legal Rechtsanwälte, which advises on IT law, among other areas.
Nose Allegedly Disfigured After Surgery
In the case before the Higher Regional Court of Munich, a surgeon received a one-star negative review on Google. In a detailed review, an anonymous patient claimed that a nose surgery performed by the doctor had been highly unsatisfactory. The operation had not been for cosmetic reasons but was necessary due to breathing difficulties. As a result of the procedure, her delicate nose allegedly turned into a “huge beak” with nostrils twice the original size. She claimed that when she laughed, she now looked like a witch. Before the operation, she had worked as a model and actress but no longer received job offers. She further stated that she had since sought psychological treatment. Besides the aesthetic consequences, she continued to suffer from breathing difficulties and had lost her sense of smell.
The doctor refused to accept this review and took legal action. He stated that he had never treated this patient and demanded the deletion of the review from the internet platform. However, the platform did not consider it necessary to require proof from the anonymous reviewer. While the Munich Regional Court initially rejected the doctor’s request for a preliminary injunction, he ultimately succeeded at the Higher Regional Court of Munich.
Doctor’s General Right of Personality Violated
The court ruled that the doctor was entitled to the removal of the review, as the statements violated his general right of personality.
Although Google was not the direct perpetrator or primary violator, the company was still liable as an indirect infringer. The complaint about the review had triggered a duty to examine the allegations, which meant the platform should have obtained a statement from the reviewer. However, Google failed to fulfill this duty.
Review Must Be Blocked
The doctor credibly demonstrated and provided a sworn affidavit stating that the reviewer was not his patient. The described circumstances did not match any of his patients. Google’s guidelines themselves specify that posts must be “based on actual experiences and information.” Content not based on real experiences is not permitted, according to the court. Since the doctor had sufficiently substantiated that there was no treatment contact between him and the reviewer, Google was obligated to investigate and forward the complaint to the reviewer. However, the company refused to take any action, according to the court. The court also pointed out the possibility that the review might have been written or commissioned by a competitor.
The court ruled that the doctor had the right to have the review blocked.
This ruling highlights that negative online reviews may have to be deleted under certain circumstances. This applies not only to Google but also to other review platforms. The Higher Regional Court of Munich strengthens the protection of doctors and other affected individuals against abusive or fabricated reviews.
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