The Standard

From receipt to publication within 30 days: fake online reviews in the crosshairs of the SME law

The clampdown will focus on applications such as Tripadvisor and The Fork. Excluding the e-commerce sector

by Letizia Giostra

False recensioni on line, stretta in vista

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

Who doesn't cast an eye over their smartphone to read customer comments before going to a restaurant or booking a holiday? The numbers confirm that it has now become a well-established habit to inquire about an establishment, checking out the feedback of others rather than reading the website.

Now Parliament declares war on false online reviews, approving rules precisely to protect restaurateurs and hoteliers, but also customers from misleading reviews. After the Senate's final approval of the SME bill, only the publication of the Gazzetta is awaited.

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The regulation concerns the hotel and restaurant sector. Nothing to do with e-commerce, for which the same Amazon had initiated a lawsuit in Italia against a platform manufacturing fake reviews, for which the Court of Milan ordered its closure.

When a review is lawful according to the norm

According to the new SME law, which received the final go-ahead from the Senate on 5 March, but which awaits publication in the Gazette, there are several criteria to be met for an online review to be considered legitimate. Firstly, if it is published within thirty days by someone who has personally and actually experienced the service or product.

It must also respond to the characteristics of the establishment offering the service and the place where the consumption took place, with a relevant description of the experience. Finally, it must be accompanied by evidence of the issuance of tax documentation

The review, on the other hand, is not lawful if more than two years have passed since its publication. It must also be written by the person who has personally experienced the product or service, otherwise it would not be valid.

Finally, it must not result from the promise of discounts, advantages or incentives offered by the supplier or other intermediary. In fact, the rule prohibits the buying and selling, for any reason whatsoever, including between entrepreneurs and intermediaries, of online reviews, appreciations and likes. A widespread phenomenon for which platforms such as Tripadvisor have reported almost 10,000 reviews written in exchange for money.

What changes for those targeted by fake reviews

The legal representative of the establishment or venue can report unlawful reviews to so-called hosting providers - the operators of online platforms - to remove the user's comment on the service, as provided for in the Digital Services Act.

The Competition and Market Authority is responsible for adopting guidelines to guide companies on the lawfulness of online reviews

Associations of tourism enterprises may apply for recognition as a reliable reporter.

The Tripadvisor report

In its latest report with data for 2024, Tripadvisor analysed 31 million reviews published by 21 million travellers, blocking 2.7 million deemed to be false, a figure that is up from 2023.

And it is Italia that ranks fourth for paid reviews for the country of origin of the user with 5.67% of the total.

The platform removed more than 200,000 reviews generated by artificial intelligence, proving that new technologies can also be used to increase the popularity of your business or to close the shutter on your competitors.

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