Teacher Grading Platforms in Web 2.0 (Der Digitale Pranger – Die Benotung von Lehrern im Zeitalter des Web 2.0)

The internet has brought about many exciting opportunities for an easy and convenient exchange of information worldwide. The number of forums and online portals allowing users to give and discuss their opinions on a wide variety of products is rapidly rising. While at first the focus was on the rating of commercial products or hotels and restaurants, there has recently been an increase in the number of internet platforms dealing with the rating of the personal performances of specific individuals. In Germany, rating platforms regarding the appearances and performances of teaching staff have recently enjoyed great popularity. The new quality of teacher rating (especially with regard to the ubiquitous nature of the internet) let to a number of lawsuits by individuals that have been rated - and slated. They fear that not only their reputation as a teacher but also their personal reputation outside their profession might suffer - considering some rating criteria are not restricted on research and teaching. By using criteria such as “appearance” or “humanity” the rating platforms have become renowned as the modern version of a pillory – a “digital pillory” used to expose teachers to public ridicule, scorn and abuse. Abusive or defamatory comments about teachers are not a new issue as this has formerly been and still is a problem when it comes to teacher rating in pupil magazines. However as the internet allows the anonymous mass publication of these ratings worldwide and not only locally restricted, a new dimension is added. This paper analyses the German case law on the legitimacy of teacher rating platforms and explores whether they infringe personality rights or data protection rules. Additionally, the paper examines whether the service provider of spickmich.de or meinprof.de may benefit from the liability privileges set forth in the E-Commerce Directive if there has been an infringement of the above named rights