Internet Feedback: Anonymity of Employer Evaluations
Employers face a challenge when dealing with anonymous criticism on internet-based employer review platforms. Legal expert Swen Walentowski, spokesperson for "anwaltauskunft.de", explains that companies have limited means to prevent such negative posts. Employers can only demand a critical post's removal if they can prove no contact with the reviewer, as a ruling by the Dresden Higher Regional Court (OLG) in case Az.: 4 U 744/24 has shown.
This case involved a user labeling their former employer as "the worst employer of all time" on a review platform. The employer requested that the review be deleted, arguing no contact with the reviewer. However, the platform asked the critical reviewer to provide evidence in response. The reviewer sent anonymous documents such as employment contract and training certificates, which the platform shared with the complainant.
Despite this gesture, the company still demanded the reviewer's identity be revealed to investigate the alleged contact. The platform refused, leading to a lawsuit by the employer to have the review removed. In the end, the Higher Regional Court in Dresden dismissed the lawsuit with no claim for injunctive relief, and the platform operator was not held liable.
The court emphasized that full disclosure of the reviewer's identity is generally impermissible. Platforms need only verify whether there was actual contact and provide the company with data protection-compliant information. Such disclosures are possible only under specific court orders. This highlights the complex balance between the right to anonymous speech and addressing unlawful speech in the digital environment.
Further evaluation of the case reveals that the employer's ability to force disclosure of an anonymous reviewer’s identity depends on several legal factors. These include defamation standards, applicable defamation laws, qualified and absolute privileges, the public figure doctrine, and anonymous speech protections. Employers must typically secure a subpoena or court order, demonstrating a legitimate legal claim and that their need for disclosure outweighs the reviewer’s right to anonymity.
Source: ntv.de, awi/dpa
- In light of the Dresden Higher Regional Court ruling, community policy on internet-based employer review platforms might need to includes stipulations that allow for the removal of harmful, unverified reviews only if employers can prove no contact with the reviewer.
- Enhanced vocational training for employees and HR personnel could equip them with the necessary skills to navigate digital conflicts, such as managing anonymous criticism on employer review platforms, by understanding and respecting the balance between the right to anonymous speech and addressing unlawful speech online.
