Reed Smith Client Alerts

Key takeaways

  • The Digital Markets, Competition and Consumers Act 2024 (DMCC) introduces strict new rules targeting fake reviews, undisclosed incentivised reviews, and the misleading use or presentation of consumer review content. These rules apply broadly to all "publishers" – including traders, online platforms, search engines, and even print publications – requiring vigilance across the entire review ecosystem.
  • Under the DMCC, it is now expressly banned to submit, commission, or offer fake or misleading reviews; publish reviews in a misleading way (such as cherry-picking positives or using outdated feedback); or operate a review system without taking reasonable steps to prevent and remove fake reviews. The law also prohibits concealed incentivised reviews – businesses must clearly disclose any incentives behind reviews, or risk breaching the rules.
  • The DMCC imposes a positive obligation on all publishers to implement clear, accessible policies for preventing and removing banned reviews, conduct risk assessments, proactively detect and investigate suspicious material, and regularly review their procedures. There is no one-size-fits-all approach, but robust, transparent compliance measures are now essential.
  • The Competition and Markets Authority (CMA) has moved from a supportive to an enforcement-focused stance, following a three-month grace period. Recent reviews done by the CMA found that over half of surveyed businesses lacked adequate policies on fake reviews. The CMA is now actively contacting non-compliant businesses, making it clear that visible, specific, and meaningful anti-fake review policies are mandatory. Proactive compliance is crucial to avoid regulatory scrutiny and potential penalties.

This alert is part of our DMCC mini-series, where we spotlight the latest changes businesses need to know. Here, we focus on the new rules under the Digital Markets, Competition and Consumers Act 2024 (DMCC), and the accompanying guidance from the Competition and Markets Authority (CMA) targeting fake reviews.

What’s changing? The new provisions clamp down on practices like posting fake reviews, failing to disclose incentivised reviews, and misrepresenting consumer review content. In this alert, we unpack what qualifies as a “banned review”, key elements of the new rules, and what businesses must now do to remain compliant.

For a wider look at DMCC guidance, enforcement priorities, and market trends, read our general article. For a detailed analysis of the price transparency and subscription rules, see our separate alert in this series.

The complexity of fake reviews

The DMCC takes direct aim at banned reviews by prohibiting fake reviews, undisclosed incentivised reviews, and the misleading use or presentation of consumer reviews and related information. Any conduct falling within this scope is automatically deemed unfair. As a result, businesses need to understand the nuances of these rules to ensure their review practices remain compliant. Again, the rules have a broad reach, applying to so-called “publishers”, a category that includes not only traders but also intermediaries such as search engines, online marketplaces, social media platforms, and even print publications.

While the outright ban on fake reviews marks a fresh addition to consumer law, the CMA hasn’t exactly been sitting on its hands. It previously addressed hidden incentivised reviews to crack down on this practice across multiple platforms. So, rather than a radical shift, the DMCC represents a tightening of the screws by introducing a more detailed and prescriptive framework for the CMA to follow.