Is it illegal to leave a negative review?

Google Maps contribution stories
1

Hi everyone,

A few months ago I have gone to a restaurant, once there, there were many problems, the waitress told me of the possibility to pay cash only when the food is served and at the end of the service when I had alredy paid the didn’t gave me any recipe, when I pointed out this, the waitress trow the menu on the table and told me: ‘Check it by your own’.

I leave a one star review, resuming what I wrote over, no cursing, no bad words or nothing, just simple words to describe my experience.

The story could have ended there, but 3 days ago they wrote me via Google My Business, saying their willing to call a lawyer if I don’t remove my review. But it gets worst, checking the reviews on Google Maps, I discovered that many other people in the same situation are threaten with a similar email.

The content on the email is the following:

The content of the review could not provide any information about the authenticity of the reviewer. There is also no other point of contact (telephone, email, inquiry, offer, appointment) through which the reviewers could have formed an opinion about the company. Therefore, the reviews can only represent untrue statements of fact.

Likewise, the publication of untrue statements of fact and defamatory content in reviews is not an asset worthy of protection from the perspective of freedom of expression (BVerfGE 54, 208 (219)).

We ask you to initiate the review process. We hereby issue you a reprimand, you therefore have an obligation to examine according to the current fundamental ruling of the Federal Court of Justice, see Ref. VI ZR 1244/20, judgment of August 9, 2022.

We ask that you send us proof of your obligation to audit for forwarding to our client. Our client will then comment on this if necessary.

If the reviews complained about by our client are not removed within the deadline set above, you must expect that our client will hire a lawyer and claim you as the disturber to cease and desist and to provide you with information about the author’s data available to you. The removal must be carried out within 14 days. According to the ruling of the Cologne Regional Court of August 18, 2020, Ref. 28 O 279/20, a longer processing time is not reasonable for the evaluated company.

I think that they are trying to scare me and other people, forcing us to remove the bad reviews, but I will ask anyway, is it possible that this situiation moves in a legal one, involving lawyers? Please forgive my English, it’s not my first language. If someone is informed about this, please let me know.

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2

I think they are trying to scare you. I have written many negative reviews as well. Once a restaurant called me since they had my number as they took it to book my seat. I had post a review on Instagram but didn’t mention their restaurant name. Since I am an influencer on Instagram they left a missed opportunity of their restaurant being promoted. They called me directly and threatened me to post the location and tag them as I had posted their property and food and if I don’t they will sue me.

I told them I paid at the restaurant and it’s my page so none of their business. They can do whatever they want.

Well this is my experience but I would not recommend you to do something like that as they have written email which is considered as proof. If the business already had a lawyer, I would take it seriously but if they don’t, they will not invest in hiring one for such things. I think they would have emailed everyone who left a bad review.

1 Like
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Ciao Lorenzo @Bl4nk ,e benvenuto in Connect.

A quanto vedo dal tuo profilo la tua recensione è relativa a un locale in Germania, dove la legge consente al proprietario del locale di querelare Google Maps per fare rimuovere la recensione. Non stanno tentando di spaventarti, stanno semplicemente applicando i loro diritti.

Di conseguenza di solito Google contatta l’autore della recensione per chiedere se ha una prova per dimostrare che ha veramente frequentato il locale, e che quello che dichiara è vero.

Capisco che “dimostrare che non è stato rilasciato uno scontrino” può essere complicato, perciò a meno che tu non abbia qualche prova fotografica della tua presenza nel locale temo che sarai costretto a togliere la recensione.

Come potrai certamente notare la maggior parte delle recensioni negative (che in quel posto sono proprio tante) hanno delle foto allegate, a dimostrare che sono stati lì, oppure sono molto recenti.

4

@ErmesT grazie mille per la risposta così veloce, approfitto per farti un’altra domanda: se ho una foto dell’interno del locale, in cui però non si vede me e non si vede il cibo, può andare bene? Ad ogni modo grazie veramente tanto per avermi dato delle informazioni così precise

5

Interior photos are fine @Bl4nk It’s actually better if you are not in the photo, Selfies are frowned upon , even though so many guides continue to do it.

Welcome to Connect Please click on great guide to get you started

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