is virtually no economic operator who can avoid — for better or worse — being reviewed by consumers. These reviews act as a form of advertising for their goods or services. On the contrary, avoiding user judgment is now perceived, in and of itself, as a negative sign. Online reviews provide consumers with valuable information and influence nearly every contractual decision — which hotel to book, which restaurant to visit, or which cruise to purchase, etc. Providers of goods and services, as well as internet platforms to which professionals subscribe in order to gain visibility and sell their products or services, offer users the option to rate merchants, goods, and services. Consumers can rate their experiences either by giving a numerical score or by writing a narrative review describing the purchase and their experience. These shared opinions create a form of digital reputation, which consumers value highly, as it often provides unbiased feedback2. Studies and surveys highlight the importance of online review sites as sources of travel information, research, and planning. It is estimated that around 80% of consumers consult online reviews before making a purchase, and that consumers tend to trust peer-generated content more than information provided directly by companies3. The increase in available online information about consumer products and services is one of the major benefits of the platform economy. As some have noted, online reviews help address information asymmetries between businesses and consumers, empowering consumers and reducing the power imbalance in transactions4. Nevertheless, although online review mechanisms help reduce the information gap in digital marketplaces—where consumers cannot inspect products firsthand—they can also quickly become problematic. Online reviews, too, can be biased and, therefore, unreliable or misleading5. Particularly sensitive is the issue of reconciling the consumer’s right to freely 2 K.M. Hunt, Gaming the system: fake online reviews v. consumer law, in (2015) Computer Law & Sec. Rev., 31(1), p. 6. 3 For an overview of the market of online hotel reviews in the EU, Study on Online Consumer Reviews in the Hotel Sector - Final Report (2014), p. 10, Report prepared under Framework Service Contract SANCO/2012/02/011 Lot 2: Consumer Policy European Commission Directorate General for Health and Consumers (DG SANCO). A broader analysis of the phenomenon of fake reviews: European Commission, Protecting consumers from misleading reviews: 55% of screened websites violate EU law, Brussels, 20 January 2022. 4 M. Narciso, The regulation of Online Reviews in European consumer law, in (2019) European Review of Private Law, 3, p. 560. 5 J. Malbon, Taking fake online reviews seriously, in (2013) Journ. Consum Policy 36, p. 139. 556 ANGELO VENCHIARUTTI
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