Online reviews, from the right of reply to sanctions: the new rules

We have been talking about the phenomenon for a long time fake online reviews where restaurants often pay the price in general, operators in the tourism sectors. The line between the right to criticize and defamatory or false statements is thin, but crucial: exhibitors do not fear negative reviews so much as offensive comments or falsehoods that can lead to defamation. A problem that concerns sites like Tripadvisor and Google Maps, relating to the places visited, not to mention those on marketplaces such as Amazonwhere fake reviews can significantly affect reputation and sales. And it is not a marginal phenomenon.

Tripadvisor itself, in its Review Transparency Report 2023said it blocked a record number of 2 million fake reviewspreventing 80% of these from being published on the platform. Indeed, according to research conducted by Fakespot in 2020, more than 1/3 of reviews online are probably fake and in 2021 Google alone removed 95 million reviews from its services due to violations of various kinds.

What do you risk by writing a fake review

The consequences are not only economic, but also legal: those who spread defamatory reviews risk heavy finesincluding claims for damages and, in extreme cases, prison. In Italy, an emblematic example was the conviction of a person responsible for fake reviews to 9 months of imprisonment and a fine of 8,000 eurosfollowing a complaint filed by Tripadvisor. An episode that underlines the seriousness of the problem and the importance of concrete actions to protect companies and consumers.

Because new rules are needed

For those who live on the judgment of customers, it is reputational damage that devastates the business. This is why many of them have filed complaints and reports. But it is not at all easy, because jurisprudence in this area still encounters various obstacles. To combat the phenomenon, which in the worst cases causes economic as well as reputational damage, the Italian government has approved in the Council of Ministers a draft annual bill dedicated to small and medium-sized enterprises (SMEs). The provision includes rules to combat false online comments“a phenomenon that generates unfair competition, hidden advertising and fraud”. Although not yet law, the bill, presented, could complete the parliamentary process by the summer and become operational by the end of the year.

The new measures for online reviews

The bill aims to regulate online reviews, allowing their publication only to those who demonstrate their identity and the actual use of a product or service. Reviews must be detailed, relevant and published within 15 days of purchase or from experience.

Furthermore, the facilities reviewed they will have the right to reply and request the deletion of false, misleading, out-of-date reviews (older than two years) or refer to changed situations.

The bill prohibits the buying and selling of reviewsthe attribution of comments to products or services other than those evaluated and their conditioning through incentives. In case of violations, the Competition and Market Authority (AGCM) will be able to impose sanctions, while the Communications Regulatory Authority (AGCOM) will be responsible for developing a code of conduct for the platforms.

The challenges to face

One of the things that will need to be detailed concerns the methods that will need to be used to verify the use of a service or product by the consumer. Will the platforms have to provide for the uploading of receipts, invoices or proof of purchase? Will Google Maps or Tripadvisor require you to upload a file of this type in order to accept a review, given that we are talking about a “code of conduct” for those who disseminate reviews? These are still open questions, which require answers to guarantee the applicability of the new rules.