Waiting

Fake reviews, towards entry into force of new rules (but guidelines missing)

Countdown to the debut of Enterprise Act No. 34/26, which will also tackle fake online reviews

by Letizia Giostra

7 April 2026

4' min read

Translated by AI

Versione italiana

Key points

What the standard says
A snapshot of the phenomenon
Anatomy of an unfair commercial practice
The grey areas of law 34/2026
Fipe reports

4' min read

Translated by AI

Versione italiana

The date that restaurateurs and hoteliers should mark in their diaries is 7 April 2026. On that day, in fact, the new rules regulating online reviews will officially come into force, as set out in Law 34/2026, also known as the SME Act.

The regulatory clampdown, much awaited by operators, puts in the crosshairs false comments that lack the requirements of objectivity or are the result of promises of discounts, advantages or incentives offered by the supplier.

Having made the law, attention now turns to the guidelines, the drafting of which is in the hands of the Antitrust and Agcom. After the Senate's final OK and publication in the Gazzetta, the new regulatory framework against false online reviews now awaits the Guidelines, whose waiting time, however, could be long.

What does the standard say

There are a number of requirements to be met for an online review to be considered legitimate. It must, for example, be published within thirty days by someone who has personally and actually experienced the service or product, including a relevant description of the experience.

The legal representative of the establishment or venue can report unlawful reviews to so-called Hosting Providers - the operators of online platforms - in order to remove the user's comment to the service, as indicated by the Digital Services Act. Associations of tourism businesses can also apply for recognition as a trustworthy reporter.

The Competition and Market Authority is responsible for adopting special guidelines to guide companies on how to comply with the lawfulness requirements of online reviews, while the Communications Guarantee Authority will have to interface with the platforms.

A snapshot of the phenomenon

While waiting to see how the guidelines will affect the phenomenon of fake reviews, online reviews have meanwhile also arrived in courtrooms.

One example is the case of a restaurant owner in Trastevere, who was targeted by a man who, after the business owner's refusal to grant him discounts and other gifts in exchange for positive reviews, allegedly threatened him with negative comments. A case for which a complaint was made to the Postal Police.

Another case is that of a court case brought by Federalberghi that resulted in the arrest of a Salentine 'fabricator' of fake reviews, who was sentenced to nine months' imprisonment and the payment of a fine.

Anatomy of an unfair commercial practice

Insofar as they influence consumers' choices about the hotel they should stay in or the restaurant they should dine in, fake online reviews have much in common with unfair business practices. Who has never verified the performance of an establishment through the opinions of others? This is a decision that can weigh heavily on the pockets of hotel and restaurant entrepreneurs, with negative effects on their revenue. The regulations introduced by Law 34/2026 seek to prevent user manipulation by outlawing comments that are untruthful and lack the prerequisites for lawfulness, which are stipulated in Article 19 of the same law.

The clampdown is part of the fight against unfair commercial practices already at the heart of Directive 2019/2161/EU of the European Parliament, which the Italia government implemented four years later with Legislative Decree 26/2023. The provisions of the latter measure already provided for consumer protection also with regard to fake online reviews, where a customer feedback can be branded as a misleading commercial practice if it is not possible to verify - by the seller - the actual purchase of the product.

The grey areas of Law 34/2026

Law 34/2026 therefore reinforces the existing legislation on the fight against online reviews, but to understand how effective the clampdown will be, we will have to wait for the application guidelines, written jointly by the Antitrust Authority and Agcom: the former will take stock of the sanctions, the latter of the Code of Conduct to be followed by the platforms called into question in the presence of unlawful reviews.

Let's say a user buys a holiday package on Booking and posts a review of the experience on another platform such as TrustPilot. Since the access took place on two different portals, thus not with the same account, the problem of profile identification arises.

The doubt was cast by Federconsumatori during the hearing last July. The only rule that would exonerate the consumer - as stated in the standard - is the proof of tax documentation, i.e. the receipt. The proof should only be provided following a report, but it remains one of the points that has sent consumers into a tizzy.

Fipe reports

Five hundred reports of fake reviews in two years. This is the figure recorded by the Italian Federation of Public Establishments, which estimates the 'weight', in terms of consumer orientation, of online reviews in at least 30 billion out of an overall turnover of the Italian catering industry of around 100 billion.

The latest report by TrustPilot - a platform that collects reviews on various sectors, from healthcare to schools, recently sanctioned by the Antitrust Authority for EUR 4 million due to opaque reviews - reports that in 2024 it removed as many as 4.5 million fake reviews - which corresponds to 7% of the total.

As with Tripadvisor, TrustPilot also identified reviews generated with artificial intelligence. And this is one of the many dark sides of the web, and one of the reasons why many shopkeepers complain of being pelted with fake reviews of their businesses. There are those who offer to write a review in exchange for money, and those who recommend using platforms where it would be possible to buy a review. There is even a price list.