Digital trust has become a strategic imperative for businesses. Yet fake reviews continue to proliferate on online platforms, distorting consumer perceptions and undermining fair competition. Whether commercially driven or discreetly commissioned, these deceptive practices are no longer tolerated. The European authorities, following the example of France, and outside the European Union like the United Kingdom, are strengthening their arsenal to put an end to these practices, and a new standard of vigilance is being imposed on companies.

Reputation manipulation: practices and risks associated with fake reviews

The expression “fake reviews” refers to a range of unfair commercial practices involving various forms of fraud, including:

  • The posting of seemingly genuine reviews based on fictitious experiences.
  • Covert incentivised reviews, where users receive discounts or gifts in exchange for positive feedback without proper disclosure.
  • Misleading review presentation, such as deleting or hiding negative comments, promoting only positive ones, using biased aggregate scores (e.g., stars, likes), or “review hijacking” – repurposing reviews from one product for another.
  • Facilitation services offering tools to bypass detection systems or automatically generate fake reviews.

In France, the DGCCRF (Directorate General for Competition Policy, Consumer Affairs and Fraud Control) estimates that 55% of websites audited present irregularities in the collection, moderation, or publication of online reviews. Such practices mislead consumers and compromise fair market functioning.

Legal framework in France and the European Union

France has implemented the EU Directive 2019/2161 (the “Omnibus Directive”) through Ordinance No. 2021-1734, establishing enhanced transparency obligations for professionals. Article L.121-4 of the French Consumer Code explicitly prohibits the dissemination of fake reviews, categorising them as misleading commercial practices. Article L.132-2 provides for penalties of up to two years’ imprisonment and a €300,000 fine, or up to 10% of average annual turnover in proportion to the profits gained from the offence.

To support enforcement, the DGCCRF has developed an algorithmic detection tool called “Polygraphe,” capable of analysing linguistic patterns, posting frequency, and geographic data to identify coordinated campaigns of review manipulation.

At the EU level, the Omnibus Directive imposes transparency obligations concerning the verification of online reviews, aligned with ISO 20488 standards. These standards require robust procedures for reliability, traceability, and moderation. In addition, the Digital Services Act (Regulation 2022/2065), which entered into force in 2024, reinforces these requirements by mandating illegal content removal and active cooperation from major platforms, particularly GAFAM companies.

French case law confirms the judiciary’s strict stance on digital denigration. In a March 14, 2025 ruling (Court of Appeal of Paris, No. 22/16356), involving competing coding academies “La Loco and Le Wagon v. La Capsule,” the Court sanctioned the posting of anonymous fake negative reviews intended to disparage La Capsule’s training services. The reviews were authored by individuals who had never used the services and lacked author identification, disseminated false information, and concealed their commercial intent.

The Court relied on several legal grounds, including Articles L.121-1 to L.121-3 of the Consumer Code (on misleading commercial practices), specifically Article L.121-2(3°), which deems deceptive any practice carried out on behalf of an unidentified person, and on the Law for Confidence in the Digital Economy (LCEN), which mandates clear identification of online content editors. The victim company was awarded compensation for economic and moral damages, including a 40% customer loss and reputational harm.

This judgment reflects the increasingly rigorous approach of French courts to online denigration, particularly when anonymity is used as a cover for malicious competitive strategies. This position is not new: in a decision dated March 19, 2008 (No. 07/2506), the Paris Court of Appeal had already heavily sanctioned the company DDI for publishing negative reviews against its competitor L&S, followed by a public note indicating they were removed at L&S’s request – both deemed acts of unfair denigration.

The United Kingdom and the new DMCCA: a more constraining regime

On April 6, 2025, the United Kingdom enacted the Digital Markets, Competition and Consumers Act (DMCCA) – a landmark regulation that not only prohibits fake reviews but also bans undisclosed incentivised reviews and the import of reviews from unrelated product pages.

Under the DMCCA, the Competition and Markets Authority (CMA) may impose direct fines of up to £300,000 or 10% of annual turnover, in line with the French regime. The Act further requires large platforms to implement robust verification systems, conduct regular internal audits, and publish their moderation policies. This legislation enshrines a proactive compliance model, placing accountability at the core of digital strategy.

Mitigating legal risks and managing online reputation

Businesses now face a dual imperative: First, to avoid involvement in fake review dissemination, which may trigger criminal or administrative liability;
Second, to actively defend against malicious or defamatory content likely to harm their online reputation.

To this end, companies must develop structured internal governance focused on two pillars.
From a compliance perspective, it is essential to adopt a formal, transparent customer review policy aligned with ISO 20488. This includes clear procedures for collection, verification, moderation, and archiving. Sponsored or incentivised reviews must be explicitly disclosed. Any corporate involvement – direct or indirect – in the creation or publication of reviews must be fully documented.

Reputation management also requires vigilant monitoring. Companies must detect and address fake negative reviews, coordinated smear campaigns, or digital impersonation attempts. Legal remedies include issuing takedown notices to platforms, initiating delisting procedures, sending cease-and-desist letters, or bringing legal action for reputational harm.

This holistic approach cannot be effective without tailored training for all relevant teams – marketing, customer relations, content managers, and legal departments. These teams must be educated on the regulatory obligations under the Omnibus Directive, the DSA, national French law, and for international operations, the UK’s DMCCA.

It is no longer simply a matter of formal compliance, but of fostering an internal culture of transparency, traceability, and digital risk control. In today’s heightened regulatory environment, where consumers, authorities, and competitors closely scrutinise digital communications, such a preventive stance is critical to brand credibility.

Conclusion

The regulation of fake online reviews has reached a level of legal maturity. France and the European Union now offer a robust legislative and technological framework. Meanwhile, the UK has taken a decisive step forward with the DMCCA, introducing a comprehensive and stringent approach to combating fraudulent content.

For companies, compliance is no longer a strategic option but an operational necessity – given the significant reputational, competitive, and legal risks involved.

 

FAQ

How does the “Polygraphe” algorithm work?

Developed by the DGCCRF, it detects statistical or semantic anomalies that are typical of review campaigns.

Does the UK’s DMCCA apply to French businesses?

Yes, whenever they target UK consumers. This includes operating an English-language site aimed at UK users, shipping products to the UK, or offering services to UK-based clients.

How can a company ensure compliance?

By implementing a transparent review policy, training staff, using review analysis tools, keeping records of user engagement, and clearly disclosing commercial partnerships.