Germany: the operator of a hotel review website has no obligation to verify user postings before publishing

Michael Wukoschitz's picture

In a recent decision the German Kammergericht Berlin held that the operator of a hotel review website has no obligation to verify user postings before publishing. A posting on a Swiss website had suggested that a certain hotel had a bed bug problem. Upon complaint of the hotelier, the operator of the website permanently deleted the posting. Nevertheless the hotelier moved for an interim injunction demanding the website operator to cease and desist from future publication of such allegations. The court dismissed the motion on the ground that the website owner by deleting the posting upon complaint had acted in accordance with his duties and there was no additional obligation to in advance check the accuracy of postings by website users. (KG Berlin 15.07.2011,  5 U 193/10).

Source: Legal Tribune Online

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