German justice indirectly points out: Google reviews are useless
The Mastodon account Die Gerichte im echten Norden ("The courts in the real north") operated by the German federal state of Schleswig-Holstein made 3 posts regarding the legal risks of leaving negative restaurant reviews on Google.
The three toots translated via DeepL:
(1/3) đ§” Short #servicepost thread, because we keep seeing that people don't realise what the consequences can be when writing #GoogleReviews:
â ïž ONLY make negative claims publicly if you can prove that your claims are true in a court of law. Because the burden of proof for the accuracy is usually on you as the author!Source: https://social.schleswig-holstein.de/@gerichteSH/114312989700813905
The topic regarding "burden of proof" should be well-known for many internet users. No matter if it's regarding eBay or Amazon reviews or (former) employer reviews on sites like Kununu or Glassdoor. As for the latter two, there is a reason why many people say: "Read between the lines". As the company's own legal, HR and marketing departments are constantly stalking the site and removing anything that isn't a 5-star review or a very positively worded 4-star review.
Also I know some people who only read 1-star to 4-star reviews on Amazon as they proofed to be reliable and well-balanced.
đ§” (2/3) â ïž ONLY make negative claims publicly if it is worth around EUR 5,000 to you if the worst comes to the worst! Because that's how much a lost lawsuit over a Google comment can cost you!!!
Source: https://social.schleswig-holstein.de/@gerichteSH/114312993849784862
Again "If it comes to the worst". This means: You wanting to take it to court or having no option to solve it out of court. As usually you should be able to just deleted the comment, contact the lawyer (maybe pay some legal fees) and be done with it.
đ§” (3/3) đ± 5,000 EUR????
Yes, because such comments often jeopardise the existence of the companies concerned. The courts set the amounts in dispute correspondingly high. Often around EUR 10,000. And the legal fees and court costs are then calculated on the basis of the amounts in dispute. These quickly add up to around EUR 5,000.
The editorial team (mp)
Source: https://social.schleswig-holstein.de/@gerichteSH/114312997451999281
Such comments jeopardise the existence of companies? Wow. Yeah, I heard bad service, low quality food for a comparatively high price, vermin & pests in the kitchen & storage rooms jeopardise the existence too. And many comments should refer to these topics.
*sigh*
The bigger problem: Honest, non-five-star reviews are removed en masse
Unsurprisingly, many companies contest, report or challenge any review that is not five stars on their profile. This is because public review scores on platforms such as Amazon or Google are a key factor for the vast majority of internet users. In fact, there are even law firms that specialise in this area.
This leads to the problem that reviews are becoming increasingly worthless. Ultimately, this renders the entire rating system obsolete. However, most internet users are unaware of these issues. They don't realise that there is an entire industry dedicated to manipulating every aspect of the 'review economy'.
Bad reviews? Report them as false claims. Most reviewers won't take it to court and won't care. In 99.9% of cases, they wouldn't be able to prove it in court anyway.
Reviewer resists? Take a lawyer.
Got too few reviews? Not enough 5-star reviews? Buy them in bulk. Done.
ARD Marktcheck, a German public television format, even recently made a video about this:
What now?
People in the video came to different solutions. One posted his review on his blog where "ARD Markt" found it and now he is prominently featured in this TV piece.
Another woman recommend that it should be made public, by Google, how many reviews have been deleted for that company. Something I strongly second!
And me? I think that making official reports on food inspections public could counteract this problem in the restaurant industry, as they verify legal obligations and requirements and are therefore far more relevant. Yes, this still doesn't solve the problem of these inspections happening too infrequently, but it's an improvement on the current situation.
The current situation only benefits those who provide poor service
This just goes to show how bad the situation is in the restaurant, hotel and catering industry. Some cities make their mandatory restaurant inspection reports public, while others don't. This is due to problematic laws which could make the city liable for any potential damages caused. The DEHOGA (Deutscher Hotel- und GaststÀttenverband, or the German Hotel and Restaurant Association) German Hotel and Restaurant Association), has even publicly attacked the non-profit platform "Topf Secret" from FoodWatch & FragDenStaat.
Topf Secret enables citizens to utilise the German Verbraucherinformationsgesetz (VIG) â the consumer information law â to request reports on health and food safety checks. The results are then published on the platform, making them publicly available to all. The name is a German pun: "Topf" means pot or kettle, and "Topf secret" refers to the phrase "top secret" and the fact that the reports are not actually publicly available.
DEHOGA states that the law sets out which reports must be made public and which must not be. For example, violations must at least result in a minimum fine of âŹ350, and reports must be deleted after six months. Likewise, reports due to construction or documentation deficits are not to be published either.
I understand their point. It's the same in every specialised field. How can information collected and edited by professionals be understood by non-experts? Are problems exaggerated? Are findings that are not at all problematic in terms of food safety presented as such? These are valid concerns, in my opinion.
Companies also need to be protected against abusive reviews. Review platform operators such as Google and Amazon must also fulfil their legal obligations. I'm not arguing against that.
However, there is one major issue that nobody has addressed so far.
I can understand, and would expect, that the DEHOGA protects all its members and lobbies for favourable legislation. On the other hand, there is also a valid concern from citizens about food safety and hygiene in restaurants. In all the TV documentations I have seen about food safety controllers doing their job, I have always heard them say: "I don't eat in restaurants any more. I've seen too much." There are problems.
We are now left with a situation where customers want to be informed, but the respective industry association doesn't want this information to be published. They cite problems with some laws and general problems when information requiring a certain amount of expertise to understand is published.
Hmm...
Hmmmmm...
Let's think about that for a minute.
Who got that expertise? The DEHOGA.
Who could run such a platform for all their members? The DEHOGA.
Who could ensure laws are followed precisely? The DEHOGA.
Who says it's there to ensure a high standard in gastronomy? The DEHOGA.
Who acts in the interests of all their members? The DEHOGA.
Doesn't publicly outing the bad ones automatically reward the good ones? Those who do a good job, that is. Yes, it does.
Why doesn't DEHOGA run this platform? That's a very good question. In fact, they could even cooperate with FoodWatch and FragDenStaat. Thus eliminating any doubts that a form of greenwashing is being practised here.
The current system only really serves the bad ones. Those with subpar service, prices, food quality, or even severe hygiene or safety issues.
But let's face the truth: the DEHOGA is an industry association. Its purpose is to maximise the revenue of its members. It's not there to ensure customers get good service. I wonder if "good service" and "maximising revenue" are connected in any way. Hmm... But I forgot that, for most people, capitalism just means "getting rich quickly with as little work as possible".
And now restaurant owners are wondering why I visit them so rarely.