IV. FAKE REVIEWS AND UNFAIR COMMERCIAL PRACTICES In the field of consumer protection law, recent legislative developments at the European level are particularly noteworthy. In particular, Directive (EU) 2019/2161 (“Omnibus Directive”) introduced significant amendments to some pre-existing directives, with the aim of strengthening consumer rights in the digital environment. A key objective of the Directive is to promote greater transparency in online commercial practices, including those involving consumer reviews. Of particular relevance to this paper is Recital 47 of the Directive, which acknowledges that: «Consumers increasingly rely on consumer reviews and endorsements when they make purchasing decisions». The European legislator therefore expresses the wish that: «when traders provide access to consumer reviews of products, they should inform consumers whether processes or procedures are in place to ensure that the published reviews originate from consumers who have actually used or purchased the products». Moreover, if such verification mechanisms are in place, traders are required to inform consumers about the nature of these checks, and clearly indicate how reviews are collected, processed, and published. For example, it should be disclosed whether all reviews—both positive and negative—are published, and whether any reviews have been sponsored or influenced by a contractual relationship with the trader. Recital 47 further clarifies that: «it should therefore be considered to be an unfair commercial practice to mislead consumers by stating that reviews of a product were submitted by consumers who actually used or purchased that product when no reasonable and proportionate steps were taken to ensure that they originate from such consumers». Such steps may include technical measures to verify the authenticity of the reviewer, such as requesting proof of purchase or use19. In line with the provisions outlined in Recital 47 the ‘Omnibus Directive’ amended Annex I of Directive 2005/29/EC on UCP - «Commercial practices which are in all circumstances considered unfair». For the purposes of this analysis, two additions are particularly relevant. The first: «Stating that reviews of a product are submitted by consumers who have actually used or purchased the product without taking reasonable and proportionate 19 For its side, recital 49 contains some specific prescriptions concerning fake reviews. In particular, the European legislator wishes that: «Traders should also be prohibited from submitting fake consumer reviews and endorsements, such as ‘likes’ on social media, or commissioning others to do so in order to promote their products, as well as from manipulating consumer reviews and endorsements, such as publishing only positive reviews and deleting the negative ones». 561 FAKE AND PAID-FOR ONLINE REVIEWS AND PROTECTION
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