In January 2025, the Federal Court of Germany (Bundesgerichtshof, BGH) made an important ruling regarding the regulation of reviews on online platforms. According to the ruling, platforms must delete negative reviews if the author cannot prove that they have used the product or service. This decision aims to protect businesses from unjustified and defamatory comments, as well as to ensure fair competition in the digital space.
In recent years, online reviews have become a key factor influencing company reputations and consumer choices. However, the rise of anonymous and unverifiable reviews has led to numerous legal disputes. The current case was triggered by a complaint from a German company that faced a flood of negative reviews left by users who were not its customers.
The court ruled that online platforms must take active measures to verify the authenticity of reviews. If the author cannot prove that they purchased the product or used the service, the platform must delete the review. This decision imposes additional responsibility on review aggregators and online stores, requiring them to implement stricter moderation mechanisms.
This move strengthens the legal position of businesses in the fight against unfair competition and aims to increase trust in online ratings. At the same time, it encourages users to leave only substantiated and evidence-backed reviews.
Opinions on the new ruling are divided. Business representatives and lawyers welcomed the decision, highlighting its importance in protecting businesses from reputational risks. However, some consumer rights organizations expressed concerns that legitimate negative comments could now be deleted if the consumer fails to retain proof of purchase.
This court decision may set a precedent for further regulation of the digital economy in Germany and the EU. In the coming years, stricter rules regarding platform responsibility for published content are expected. Businesses should adapt to new requirements by implementing mechanisms for verifying the authenticity of reviews, while consumers should be prepared to provide evidence of their use of products or services.
Thus, the new BGH ruling is an important step toward a more transparent and fair online space, protecting both businesses and honest consumers. Due to potential legal nuances and interpretations of this decision, businesses and users are advised to consult with a lawyer for a more accurate understanding of their rights and obligations.