Assessment obligations of a hosting provider

In general, a hosting provider is not obliged to review the posts of users for possible infringements before they are published. But as soon as he becomes aware of an infringement, he is responsible to act. If a person concerned claims that his privacy rights were violated, an investigation and assessment of all circumstances of the case are needed. The extent of the investigation, which can be demanded to be carried out by the hosting provider depends on the individual case and requires a comprehensive balance of the interests. The fundamental rights of the engaged parties have to be taken into account. Decisive is the weight of the reportet infringements and the possibilities of investigation of the provider. Further, the function and the task of the provided service by the hosting provider as well as the personal responsibility of the author directly responsible for the statement must be considered. The extent of the investigation required from the operator of a physician rating portal may neither economically jeopardize the operation of the portal nor make the operation excessively difficult. But the operator has to consider that a thorough examination of the complaints against the doctors concerned is a requirement in order to protect to the individual rights of the rated doctors adequately in the course of the portal operations. [BGH 01.03.2016, VI ZR 34/15]