Google Loses Court Case Over Fake Online Reviews

A court has ordered Google to hand over details that could identify the people behind four accounts used for bogus online reviews. One of the accounts had assumed the identity of a dead woman.

The reviews were made on the social networking site Google+. While the site has arguably struggled to compete with the likes of Facebook, posts there are particularly likely to show up in search results for a relevant term.

In this case the reviews were of an Amsterdam daycare center, and would appear next to a map of the center's location before the rest of the "ranked" search results.

Reviews Were Defamatory

It wasn't simply a matter of the reviews being fake, or the fact that they were negative, that led to the court case. Instead the daycare center said the reviews contained bogus allegations, including that the staff neglected children, which constituted defamation.

Although staff complained to Google, it refused to take the reviews down and said that do so would be a violation of free speech. (Source: pcmag.com)

That led to a court case, with a judge not only agreeing to order Google to remove the reviews, but also demanding Google hand over contact details listed for the account. These must include any personal information provided when setting up the account, even details listed as not for public display.

Google Must Hand Over IP Addresses

Google must also provide the IP addresses used to make the posts. These don't always identify an individual with certainty, but can usually identify the computer or other device used to get online in order to post the reviews.

The judge wasn't looking at the issue of any compensation for damage caused by the reviews themselves, so Google's only penalty is a small sum to cover court costs. It's now up to the daycare center to decide whether to pursue the review writers if and when Google's information identifies them.

The daycare center's lawyer told TechCrunch this wasn't an issue of courts cracking down on people's right to leave negative reviews based on honest opinion. Instead he said Google had failed to act despite clear evidence that the reviewers had breached its terms and conditions by using false identities, including posing as a Dutch parent but using a photograph of an American woman who died in 2006. (Source: techcrunch.com)

What's Your Opinion?

Should Google have taken down the reviews after the complaint? Was the court right to order the reviews taken down? Was the court right to make Google hand over the details of the reviewers?