Online reviews have become one of the main factors consumers rely on when making decisions. Before booking a restaurant, choosing a clinic, a hotel, an academy or a professional firm, most users check the ratings published on Google, Trustpilot, TripAdvisor, Booking, Amazon and other platforms.
That is why, when a business receives fake reviews, the impact can be immediate: loss of customers, a drop in the average rating, damage to the company’s image and financial harm that may be difficult to reverse.
The good news is that Spanish law offers ways to respond. The key is to act methodically: identify the type of review, preserve the evidence and choose the right course of action.
Not every negative review is a fake review
The first step is to distinguish between legitimate criticism and a fake or unlawful review. A dissatisfied customer is entitled to express their opinion, even a harsh or, from the business’s perspective, unfair one. Freedom of expression protects opinions, including unfavourable ones.
That protection, however, does not extend to certain situations. Among others, reviews may have legal relevance when they:
- come from people who have never been customers of the business;
- state false facts presented as real;
- attribute serious or even criminal conduct without any basis;
- are published by competitors or commissioned by third parties;
- form part of coordinated negative review campaigns;
- contain insults or degrading expressions;
- are used as a means of pressure or extortion.
Each scenario may trigger different legal mechanisms, so the specific case should be analysed before taking action.
Step one: preserve the evidence
One of the most common mistakes is to respond impulsively or to request removal of the review before documenting it. Reviews can be edited or deleted, and the evidence may disappear with them.
Before taking any action, it is advisable to gather:
- full screenshots of the review and the profile that published it;
- the URL or direct link;
- the date and time of publication and of viewing;
- the review history of the same profile;
- an internal check of whether the author appears in the business’s customer records;
- other suspicious reviews published around the same dates;
- the evolution of the business’s average rating;
- any communications received, if applicable.
In the most serious cases, it may be advisable to certify the content through digital certification services, a notarial certificate or a computer forensic report, so that the evidence retains its value even if the review disappears.
Step two: request removal from the platform
The main platforms have policies prohibiting fake reviews, misleading content and conflicts of interest, and provide mechanisms to report this type of publication.
A removal request should be carefully prepared: it is not enough to state that the review is fake. It should explain, in an orderly manner, why the review breaches the platform’s policies and provide the available indications — for example, that the author does not appear in the business’s customer records.
In addition, European digital services legislation strengthens platforms’ obligations when handling notifications of illegal content, giving businesses an additional framework to demand a response.
If the platform does not act on the request, that refusal should also be documented: it may be relevant in subsequent proceedings.
Step three: identify the author
Many fake reviews are published from anonymous profiles or under fictitious names. Identifying the author is not always straightforward, but there are ways to attempt it, including requesting data from the platform through the appropriate legal channels and, where necessary, through court intervention.
Identification is particularly relevant when there are grounds to suspect that a competitor, a former employee or an organised campaign is behind the reviews, because it determines the route of the claim and the possibility of holding those responsible to account.
What legal avenues are available
Depending on the content of the review, its author and the harm caused, several options may be considered under Spanish law:
- an out-of-court demand for removal and rectification;
- a claim against the platform hosting the content;
- a civil action for the protection of the right to honour;
- unfair competition actions, where a competitor is involved;
- a claim for damages;
- criminal proceedings, in serious cases of defamation or extortion.
Not every avenue suits every case. Sometimes a well-drafted demand letter resolves the problem within days; in other cases, the extent of the harm justifies going to court. The choice depends on a legal assessment of the viability of each matter.
Can compensation be claimed?
Where a fake review has caused real harm to the business, a claim for damages may be considered. Depending on the case, relevant items may include:
- a demonstrable loss of customers or bookings;
- a drop in turnover linked to the publication;
- the cost of repairing the company’s online reputation;
- the cost of expert reports and evidence certification;
- harm to the company’s image and professional standing.
The key will be to prove the harm and its connection with the review. The better documented the loss, the stronger the claim.
Fake reviews by competitors: a particularly serious scenario
Where fake reviews come from a competitor, or have been commissioned by one, the conduct can also be examined under Spanish unfair competition rules, which provide specific mechanisms against acts of denigration and deception in the market.
These cases often show recognisable patterns: reviews concentrated within a short period, recently created profiles, simultaneous positive ratings for the competitor, or similarities in the language used. Detecting and documenting those patterns is essential to building the case.
When should you consult a lawyer?
It is advisable to seek legal advice when a review attributes serious or false conduct, when there is a coordinated campaign, when the platform refuses to remove the content, when a competitor is suspected, or when the business is suffering an appreciable financial loss.
An early assessment makes it possible to preserve the evidence correctly, avoid counterproductive responses and choose the avenue with the best prospects of success.
Conclusion
Fake reviews are not an unavoidable nuisance of the digital environment: they are conduct a business can defend itself against. Distinguishing legitimate criticism from unlawful reviews, preserving the evidence from the outset, exhausting the platform’s mechanisms and, where appropriate, bringing a civil, unfair competition or criminal claim are the steps that protect the reputation and value of the business.
If your business is receiving fake reviews, at Ferrer-Bonsoms & Sanjurjo Abogados we can review your case and assess the best defence strategy.