Fake it until you make it: soon to be explicitly prohibited

Sometimes product review in webshops are too good to be true. Some sellers on the Internet seem unable to resist the temptation to make reality look a little rosier, writing product reviews for their own products under a false profile. Or they buy a load of fake likes and fake followers on social media.

That a fake review is unacceptable even under the current legal framework should come as no surprise. A fake review misleads consumers and influences their economic behavior (they make a choice they otherwise would not have made). But also using fake likes and fake followers already crosses the line, says regulator ACM. In November 2020, the ACM imposed a penalty of €100,000 on the webshop Bicep Papa for using fake likes and fake followers on Instagram. Fake likes and fake followers can give a misleading impression about the merchant's status and recognition, which can also influence consumers. In addition, a trader who uses fake likes and fake followers deceptively pretends to be a consumer – so says the ACM.

Under future legislation the use of fake likes and fake followers will be explicitly prohibited. Indeed, the so-called "black list" (a list of business practices that are misleading under any circumstances) will be expanded to include: "Posting or directing another legal or natural person to post false consumer reviews or recommendations or misleadingly presenting consumer reviews or recommendations on social media in order to promote products."  The new rule will take effect no later than May 28, 2022, along with several other rules that all aim to strengthen the protection of online consumers.

Fake it till you make it is not a long time coming.

Daniël Haije