Consumer Affairs Proposes Ban on Fake Online Reviews Affecting Tourism and Hospitality

Consumer Affairs aims to curb fake reviews posted anonymously online by users to evaluate the services provided by various businesses, especially in the hospitality sector.

These reviews have become an essential tool for many establishments seeking to gain a foothold in consumer preferences, but they are also a double-edged sword. What happens when malicious and false comments are made to discredit a company? The consequences of these actions are a source of complaint for many business owners, particularly in the restaurant industry.

Adding to this situation is the opposite case: consumers can also be left unprotected if a person selling a mediocre product 'pays' for positive reviews online from fake users, artificially boosting their image to achieve more sales.

Aware of this reality, Bustinduy's ministry proposes amending the current law to try to limit conflicts. According to information provided to this newspaper by Consumer Affairs, and with the aim of ensuring the truthfulness of online reviews, several instruments will be used to guarantee the authenticity of reviews.

Firstly, the law already expressly prohibits the buying and selling of reviews, but detecting and intervening to prevent this practice is not always easy. Only when it is done publicly and openly is it easy to intervene. This was the case with the closure of a Telegram group, reported by the Organization of Consumers and Users (OCU), where subscribers were encouraged to offer free Amazon products in exchange for 5-star reviews.

The legal text also includes the obligation to indicate whether it has been verified that the review was submitted by a real consumer. The novelty proposed by Consumer Affairs is that reviews can only be made within 30 days following the purchase of the product in question or the enjoyment of a service. "The aim is to ensure that the review corresponds to the real and recent opinion of a customer," clarify sources from Bustinduy's department.

If the review is malicious and false, the proposed amendment to the law also provides tools for business owners to respond and defend themselves. Thus, as the most notable new feature, Consumer Affairs' proposal would allow business owners to request the removal of a review when they can prove it is not genuine.

"In Spain, business owners will be required to provide conclusive evidence that the review is not genuine, either because the consumer did not purchase the product or enjoy the service, or because its content is not truthful. As a general rule, the regulation does not specify how the business owner must prove the lack of authenticity of the review," explain sources from Consumer Affairs.

To do this, they can use various means and elements: evidence showing that an invoice displayed in the review has been manipulated; evidence that the prices mentioned in the reviews are not real; customer lists proving that the person who posted the review did not enjoy the service, etc.