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The short answer to that is yes, according to a BBC report (19.04.22 – https://www.bbc.co.uk/news/business-61154748) which ran with the headline, "Fake reviews to be illegal under new rules". The Competition and Markets Authority (CMA) will get new powers to award compensation to consumers, and directly impose financial penalties worth up to 10% of global annual turnover for businesses that transgress the new rules, or up to £300,000 in the case of an individual. As internet law specialists, The Internet Law Centre point out in their blog, "Are fake reviews illegal in the UK" (https://www.internetlawcentre.co.uk/is-it-illegal-to-write-fake-online-review-uk) it is already, "illegal for a business to post fake reviews about themselves or about their competitors. Consumers who post fake online reviews about a business could be sued for defamation and for malicious falsehood by the business owners who are the subject of the fake online review". "If retailers distort publishing fake online reviews they are in breach of rules contained in the Consumer Protection from Unfair Trading (CPUT) Regulations 2008 as well as advertising codes. The CPUT Regulations 2008 prohibits unfair commercial ‎practices. Writing fake online reviews satisfies the definition of unfair commercial practice because ‎it contravenes good professional practice, and it is likely to distort the economic behavior of the ‎average consumer. ‎ "The CPUT Regulations 2008 prohibit misleading actions and misleading omissions which cause or are likely to cause the average consumer to take a different decision. Posting fake online reviews might be considered a misleading action or an omission (or both). This is because fake online reviews prevent consumers from getting from the trader the information they need to make informed decisions relating to products. Misleading actions by traders may include giving false information to customers. A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision. If there's already legal protection in place, why bring in a new potential law? Well, as The Internet Law Centre say, "The current risk of getting caught by an enforcement authority and of being prosecuted for posting fake review is fairly low" because, until recently, it was a low priority. They add, "However, the risk of being taken to court for defamation or for malicious falsehood is real following the posting of fake reviews about a competing business". With the acknowledged increase in both online reviews and the influence they have on consumers purchasing decisions we're really not at all surprised to see the Government taking more of an interest in fake reviews and wanting to ensure it is an area that is properly policed. As we've always said, keep your reviews authentic and genuine and, as business owners, respond to all your reviews within 48 hours – especially the negative ones taking them offline and resolving them quickly. high quality imitation bags
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