Fake and paid-for online reviews and protection of hotels, restaurants and tourists Angelo Venchiarutti1 I. Introduction. – II. Code of conduct. – III. Legal framework. – IV. Fake reviews and unfair commercial practices. – V. Fake reviews and unfair competition. – VI. Liability of the providers. – VII. Conclusions. Online reviews have become a cornerstone of decision-making in the tourism sector, profoundly influencing consumer behaviour and the competitive dynamics of hotels and restaurants. While such reviews offer valuable, peer-generated information, their growing role has also given rise to the widespread practice of fake and paidfor reviews, which can distort market transparency, mislead consumers, and damage fair competition. This paper examines the legal implications of fake reviews from the perspectives of both economic operators and consumer protection, with a particular focus on their regulation under Italian and European Union law. Key issues include the definition and sources of fake reviews, their treatment under codes of conduct and advertising regulations, and the classification of such practices as unfair commercial conduct and acts of unfair competition. The paper also examines platform liability, highlighting inconsistencies in European case law regarding whether platforms like TripAdvisor function as passive or active hosts. In light of recent developments, especially the Directive (EU) 2019/2161 (“Omnibus Directive”), the paper underscores the need for stricter verification mechanisms and greater legal accountability to preserve trust in digital consumer information and ensure a level playing field for market participants. KEYWORDS: Fake reviews, Consumer protection, Digital reputation, Tourism sector, Unfair commercial practices, Unfair competition, Platforms liability. I. INTRODUCTION Especially in the tourism sector, online reviews have significantly changed consumers’ daily lives. In particular, in the hotel and restaurant activities, there DOI 10.60559/gl30 1 University of Trieste.
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