Fake reviews are gaining more attention as they increasingly mislead consumers with fabricated information, prompting stricter regulations worldwide. In June 2021, the UK’s Competition and Markets Authority (CMA) launched formal probes into Google and Amazon concerning their internal systems and processes for identifying and tackling fake reviews.

At the time, the CMA voiced concern over whether both platforms were doing enough to:

• Detect fake and misleading reviews or suspicious review activity
• Investigate and remove fake and misleading reviews from their platforms
• Impose appropriate penalties on reviewers or businesses to discourage them and others from posting false or deceptive reviews on their platforms

Now, four years on, Google has provided binding undertakings to the CMA regarding reviews on its site. And with increased consumer protection provided under the UK’s Digital Markets Competition and Consumers (DMCC) Act expected to be implemented in the coming months, the timing of Google’s announcement is unlikely to be coincidental.

‍What does the UK’s DMCC Act mean for fake reviews?

The DMCC Act will grant enhanced enforcement powers to the CMA, specifically in relation to clamping down on fake reviews, including those facilitating the publication of fake reviews - i.e. traders and intermediaries such as online marketplaces, search engines and social media platforms. Under the Act, the following practices are considered to be “unfair commercial practices” and are therefore prohibited:

• Commissioning or submitting fake reviews
• Not disclosing when reviews have been incentivised
• Publishing consumer reviews in a misleading manner - this includes by intermediaries such as online marketplaces, search engines and social media platforms
• Offering to submit or commission fake reviews for traders
• Offering services that enable the submission of, commissioning or publication of banned reviews and review information
• Publishing or providing access to reviews without ‘reasonable and proportionate steps’ to prevent and remove fake reviews or misleading consumer information

To address what this means in practice for publishers, the CMA has drafted guidance outlining steps required as follows:

• Establish a prevention and removal policy prohibiting fake reviews
• Carry out regular risk assessments
• Be proactive in identifying fake reviews
• Establish a process to conduct investigations into suspicious reviews detected or notified to them

Failure to comply could result in financial penalties of up to 10% of a business’s global turnover, and directions to comply with enhanced consumer protection, including remedies for affected consumers.

‍Google’s commitment to trusted reviews

As part of their undertakings, Google has agreed to:

• Undertake detailed annual risk assessments before making significant changes to the site
• Create thresholds for the removal of reviews
• Enable users and trusted flaggers to report fake reviews
• Apply sanctions for businesses benefiting from fake reviews (e.g. prominent consumer fake review alerts, blocking further reviews being posted, and in the case of repeat offenders, removing access to existing reviews)
• Monitor fake review activity and submit internal evaluation reports to the CMA at least annually
• Appoint a compliance officer who will be the main point of contact for the CMA and be responsible for ensuring Google’s compliance

‍What we can learn from Google

It’s perhaps unsurprising that Google’s commitments closely mirror the provisions laid out under the DMCC Act and the CMA’s draft guidance to ensure they are compliant. Their example, consequently, is a very helpful working example of the proactive and practical measures affected intermediaries can put in place to stay on the right side of regulation.

A comprehensive risk assessment is an excellent informative starting point to assess the scale of a business’s fake reviews challenge. Regular risk assessments are instrumental in assessing the ongoing effectiveness of prevention measures, detection solutions and removal processes, aiding with the provision of reports to the CMA as required and helping businesses remain compliant.

‍How Themis can help‍

Themis provides businesses with a data-driven analysis of fraudulent review activity on their platforms, helping them identify vulnerabilities, mitigate risks, and protect their reputation. By leveraging AI-powered detection and expert insights, Themis enables companies to take proactive steps to protect their review integrity and take informed action against deceptive practices before they lead to regulatory penalties or loss of consumer trust.