reviews can artificially distort perceptions of an operator’s reputation, products, or services, leading to unfair competitive advantages or losses10. Equally important is the issue from the perspective of consumer protection law. Consumers routinely consult online reviews to decide whether to enter into a contract—that is, whether to purchase a product or service. These reviews serve as a key source of pre-contractual information, allowing prospective buyers to evaluate both the seller and the nature of the goods or services offered. However, when reviews are fake or biased, consumers may be misled and base their contractual decisions on false or deceptive information. In other words, unreliable reviews can compromise the validity of informed consent, potentially leading consumers to make decisions they would not have made otherwise. Before proceeding with the analysis, it is necessary to make some preliminary clarifications. In this paper, I define fake reviews as those written with the deliberate intent to mislead consumers during their decision-making process. This definition shifts the focus away from the mere inaccuracy of the content, emphasizing instead the intentional nature of the review—namely, the aim to dishonestly promote or damage the reputation of a product, service, or provider11. Fake reviews can originate from a variety of sources. They may be written directly by sellers of goods or services, or by individuals acting on their behalf. These may include employees, friends, or relatives of the trader, as well as organized groups that produce reviews in exchange for rewards or payment. In some instances, fake reviews are created by media or marketing agencies for a fee, as part of broader strategies aimed at boosting online visibility or shaping digital reputation12. This latter practice is particularly concerning for market operators. Although its actual prevalence is difficult to quantify, it is undeniably widespread and carries significant potential to mislead users and distort fair competition. In this paper, special attention will be given to this phenomenon. 10 On the subject, albeit with reference to the US law system, see W.R. Barnes, The good, the bad, and the ugly of online reviews: the trouble with trolls and a role for contract law after the consumer review fairness act, (2019) Georgia Law Rev. 53(2), p. 553; K.L. Short, Buy my vote: online reviews for sale, 2013 Vanderbilt J. Entertain Technol Law 15(2), p. 443. 11 J. M. Martínez Otero, Fake reviews on online platforms: perspectives from the US, UK and EU legislations, in (2021) SN Social Science 1, 181, p. 5. 12 D. Martens & W. Maalej, Toward understanding and detecting fake reviews in app stores (2019) Empirical Software Engineering, 24(1), p. 3313 ff; K.L. Short, Buy my vote: online reviews for sale in (2013) Vanderbilt Journal of Entertainment and Technology Law, 15(2), p. 443. 558 ANGELO VENCHIARUTTI
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