B. Specific rules applicable to online reviews A recent set of rules was therefore adopted to apprehend the phenomenon of online reviews. Indeed, the French legislator thus implemented new provisions to ensure the authenticity and transparency of opinions posted online. This is reflected by Article L.111-7-2 of the Consumer Code. It provides the following conditions addressed to platforms that: “Without prejudice to the information obligations provided for in Article 19 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy and Article L. 111-7 of this Code, any natural or legal person whose activity consists, as a principal or secondary activity, in collecting, moderating or distributing online opinions from consumers is required to provide users with fair, clear and transparent information on the methods of publication and processing of opinions posted online. It specifies whether or not these opinions are subject to control and, if so, it indicates the main characteristics of the control implemented. It displays the date of the opinion and any updates. It indicates to consumers whose online opinion has not been published the reasons justifying its rejection. It sets up a free feature that allows those responsible for products or services that are the subject of an online review to report any doubts about the authenticity of this review, provided that this report is justified. A decree, issued after consulting the National Commission for Information Technology and Civil Liberties, sets out the terms and content of this information.” A Decree No. 2017-1436 of 29 September 2017 relating to information obligations in respect of online consumers reviews completes the above provisions and specifies the information obligations of sites/platforms allowing consumers to post reviews online. However, sometimes it is the restaurant that is tempted to benefit from the positive effect of such platforms. This is what we call: false positive reviews. The main purpose of such false reviews is to increase the rating of their restaurant and/or to mislead consumers about the authenticity of customers’ experience in their establishment. This can now give rise to criminal liability of the professional (under Article L.132-2 of the Consumer Code with prosecution for up to 5 years prison and a fine of up €750,000). 139 LEGAL PROTECTION OF GASTRONOMY IN FRANCE
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