Bundesgerichtshof [Federal Court of Justice of Germany], Sixth Civil Section, Jameda, VI ZR 34/15

Document type
Court Decision
(1) The court ruled that a “review portal” can be liable for the accuracy of user-generated ratings on their web-page if they do not verify the review upon request. In the given case, an anonymous Internet user evaluated the plaintiff, a dentist, with the equivalent of a D-.  
(2) The court made clear that the provider is only liable if it breaches the observation duties of the Stoererhaftung doctrine. However, a provider is obligated to verify the review if the anonymity of its portal makes it difficult for the person affected to directly address the reviewer. This implies the duty to request medical records or prescriptions. Moreover, the provider has to pass on that part of reviwers' personal information which is not privileged under § 12 TMG to the person affected by the review. See also CIS blog
Topic, claim, or defense
General or Non-Specified
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Monitor or Filter
Data Retention or Disclosure
Type of law
General effect on immunity
Weakens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)