Following the reasoning formulated by the Antitrust Authority in the case just mentioned, the Court assume a position rather rigorous towards the provider. The decision places particular emphasis on the fact that TripAdvisor prides itself on the reliability of the reviews it publishes, describing them as the result of the experience of real travelers. In this way, according to the Court, the ISP had generated in its users the certainty that the opinions expressed corresponded to the truth. A circumstance that would make it possible to exclude the neutrality of the provider with respect to the content posted, transforming it from a ‘mere intermediary of data and information’ to an active ISP. Therefore, it follows that the ISP is liable for damages when, by its omissive conduct, it has facilitated the offence committed by one of the registered users through the publication of a false and defamatory review29. VII. CONCLUSIONS The ability to share experiences online plays a crucial role in enhancing consumer awareness and promoting market transparency. However, tackling the issue of fake reviews is essential to ensure this system continues to benefit both consumers and businesses. One foundational step toward increasing the reliability of online reviews is verifying that a transaction actually occurred. This method has already implemented by some platforms. Despite these efforts, the challenges posed by fake reviews remain uncertain. Recent European legislation aimed at enhancing consumer protection in the digital environment presents encouraging progress on this issue. However, is still too early to determine whether these measures will be adequate to provide an effective solution. With regard to Italy, recently the government has presented a bill aimed at combating online reviews in the tourism sector. The bill provides, in particular, for the regulation of online reviews relating to restaurants, tourist facilities (including accommodation and wellness facilities) and tourist attractions located in Italy. The key points of the proposal can be summarized as follows: i) only consumers who prove their identity and actual use of a service or product may submit a review; ii) reviews must be detailed and relevant and published within fifteen days of using the service or purchasing the product; iii) reviewed establishments 29 Trib. Venezia, 24 febbraio 2015 (ord.), in Corr. giur., 2016, 80. 566 ANGELO VENCHIARUTTI
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