Last reviewed: 19 May 2026

Five-Point Summary

• Fake online reviews have been banned under the Digital Markets, Competition and Consumers Act 2024 (DMCCA) since 6 April 2025. The Competition and Markets Authority (CMA) is now actively enforcing those rules; the three-month grace period expired on 6 July 2025.
• The CMA can investigate businesses and impose fines of up to 10% of global annual turnover, or £300,000, for breaches. By March 2026 it had opened formal investigations into five businesses: Autotrader, Feefo, Dignity, Just Eat, and Pasta Evangelists.
• A review is defamatory if it has caused, or is likely to cause, serious harm to your reputation. The threshold is a high one. You must prove actual harm as a matter of fact, not simply that the words tend to be damaging.
• You have only 12 months from publication to bring a defamation claim, and you must comply with the Pre-Action Protocol for Media and Communications Claims before issuing proceedings.
• Prevention is more effective than cure. A consistent review management process, a maintained customer database, and prompt responses to all reviews substantially reduce the risk of review fraud affecting your business.

Why Fake and Defamatory Reviews Cause Serious Harm

If you have spotted a fake online review on Google, Trustpilot, Yelp, social media, or any other platform, the anxiety is understandable. Research shows that 93% of online consumers read reviews before purchasing, and 86% are put off buying from a business with a run of negative feedback. Defamatory reviews carry an additional risk: they can destroy a personal or professional reputation and, in some cases, provoke harassment or threats.

A solicitor specialising in reputation management and defamation can advise you on the fastest route to removal and, where a review contains false statements causing serious harm, can advise on bringing a claim. 43Legal’s reputational risk and damage management service is available to businesses facing this situation.

The Law on Fake Reviews: The DMCCA 2024

Fake consumer reviews became unlawful on 6 April 2025 under the Digital Markets, Competition and Consumers Act 2024 (DMCCA). The Act bans four categories of conduct:

• Submitting or commissioning a fake consumer review.
• Publishing consumer reviews without taking reasonable steps to verify their authenticity.
• Presenting reviews in a misleading way, for example by suppressing negative ratings from a star-rating calculation.
• Offering or accepting incentives for reviews without disclosing them.

The CMA allowed a three-month adjustment period after the rules came into force. That period ended on 6 July 2025. From that date, the CMA has exercised its new direct enforcement powers, which allow it to investigate businesses and impose penalties without going through the courts. The maximum fine is 10% of a business’s global annual turnover or £300,000, whichever is higher in each case. Individuals who repeatedly post fake reviews on behalf of businesses may have all their reviews deleted and be barred from posting for at least six months.

CMA Enforcement: What Has Happened So Far?

The CMA signaled its intentions early. In July 2025 it sent 54 advisory letters to businesses whose review practices it had identified as potentially non-compliant. It also secured undertakings from Amazon and Google under the previous enforcement regime, before the DMCCA came into force.

On 27 March 2026 the CMA announced five formal investigations under the DMCCA. These are the first cases brought under the new regime. The businesses under investigation are:

Autotrader and Feefo (alleged suppression of one-star reviews),

Dignity (staff allegedly asked to write positive reviews of crematoria services), Just Eat (alleged inflation of restaurant star ratings), and

Pasta Evangelists (alleged undisclosed incentives offered for five-star reviews).

All five stated they were cooperating with the CMA. The investigations are ongoing and no findings of wrongdoing have been made.

The CMA has made clear there is no safe harbour for smaller businesses. Its enforcement focus covers businesses of all sizes, and it has explicitly listed fake reviews among the priority areas for action in its first 12 months under the DMCCA.

What If a Review Is Defamatory?

A review that is merely unfair or unflattering is not defamatory. Defamation requires something more. The law distinguishes between libel, which covers lasting publications including online content, and slander, which covers spoken words or transient gestures. An online review will fall into the libel category.

For an online review to be defamatory, section 1 of the Defamation Act 2013 requires that the statement has caused or is likely to cause “serious harm” to your reputation. You must also show that the review lowers you in the estimation of right-thinking people generally and has, or is likely to have, a substantially adverse effect on how people treat you.

The threshold is a demanding one. In Lachaux v Independent Print Ltd [2019] UKSC 27, the Supreme Court held that claimants must prove, on the balance of probabilities, that serious reputational harm has been caused by or is likely to result from the publication. A mere tendency of the words to cause damage is not enough. Courts can also take account of events after publication when assessing whether the threshold is met. The case overturned a narrower Court of Appeal interpretation and set the standard that applies today.

Any defamation claim must be brought within 12 months of publication. Before issuing proceedings, you must comply with the Pre-Action Protocol for Media and Communications Claims. This includes sending a letter of claim to the publisher setting out the defamatory meaning you complain of and the harm caused. Failure to comply with the Protocol risks adverse cost consequences.

Steps to Take When You Find a Damaging Review

• Screenshot immediately. Before reporting the review or contacting anyone, take a screenshot with the date visible. If the review is subsequently removed, you need evidence of its existence for any legal action.
• Report to the platform. Google, Trustpilot, Yelp, and most major platforms have removal processes for reviews that breach their terms. Flag the review as fake or as violating content policies. Platforms are now under greater regulatory pressure to act promptly under the DMCCA.
• Contact the CMA if the review is clearly fake. If the review has been commissioned by a competitor or written by someone who has never been your customer, the CMA’s enforcement regime may be relevant. The CMA does not act on behalf of individual businesses, but evidence of systematic fake review fraud may support a formal complaint.
• Take legal advice if the review is defamatory. Contact a solicitor before sending letters of claim. Defamation proceedings carry their own risks, including the possibility of a defendant relying on the defenses of truth or honest opinion. A specialist solicitor will assess the strength of your position before any formal step is taken.

Managing the Risk of Fake or Defamatory Reviews

In my experience, businesses with a systematic approach to review management are significantly less exposed to fake review fraud. Four practical measures make a difference:

• Vet reviews rigorously and report fakes to Google, Trustpilot, Amazon, and other platforms promptly.
• Maintain a current CRM so you can identify quickly whether a reviewer has actually been a customer. A review from someone with no purchase history is a straightforward candidate for removal.
• Respond to all reviews, positive and negative. Businesses that engage consistently with reviewers see lower rates of review fraud and build a documented record of genuine customer interaction.
• Carry out a compliance review of your own review collection and publication practices against the DMCCA requirements. The publisher of the review bears primary liability under the Act, even where a third-party platform or agency is involved.

Frequently Asked Questions

Is it now illegal to write a fake review?

Yes. Since 6 April 2025, submitting or commissioning a fake consumer review is a banned commercial practice under the DMCCA. The ban applies to businesses and to individuals acting in a business context. Consumers writing genuine reviews of products they have actually used are not affected.

What can the CMA do about fake reviews?

The CMA can now investigate businesses and impose fines directly, without going through the courts. The maximum penalty is 10% of global annual turnover or £300,000. It can also require businesses to take remedial steps. As of March 2026 it has opened formal investigations into five businesses and has indicated that this is the start of sustained enforcement activity.

Can I sue someone for leaving a fake review?

You may have a defamation claim if the review contains false statements that have caused, or are likely to cause, serious harm to your reputation. The test from Lachaux v Independent Print Ltd [2019] UKSC 27 requires you to prove actual harm as a matter of fact. You should take legal advice before committing to a claim, as defamation proceedings are costly and defendants have several available defenses.

How long do I have to bring a defamation claim?

12 months from the date of first publication. The limitation period runs from when the review was posted, not from when you first saw it. You must also comply with the Pre-Action Protocol before issuing, which takes time. If you think a review is defamatory, take legal advice promptly.

What does the DMCCA mean for my business if I collect customer reviews?

Your business is now legally responsible for taking reasonable steps to verify the authenticity of reviews you publish and to prevent misleading presentation of ratings. This applies whether you manage reviews directly or use a third-party review platform. A compliance review of your current review collection and publication process is advisable. 43Legal’s virtual in-house legal counsel service can assist with that exercise.

Getting Advice on Fake or Defamatory Reviews

The DMCCA has changed the enforcement landscape significantly. The CMA now has direct powers to fine businesses that fall short, and it has demonstrated a willingness to use them across sectors of all sizes. For businesses that collect, publish, or respond to reviews, a compliance check is no longer optional.

For defamatory content, time is the critical factor. The 12-month limitation period and the Pre-Action Protocol requirements mean that delays can close off legal options entirely. To discuss your situation, contact our team by emailing info@43legal.com or phone 0121 249 2400.

The content of this article is for general information only.  It is not, and should not be taken as, legal advice.  If you require any further information in relation to this article, please contact 43Legal.

Melissa Danks is the founder of 43Legal. She has over 20 years’ experience as a solicitor working within the legal sector dealing with issues relating to risk management, dispute resolution, and advising in-house counsel in SMEs and large companies. Melissa has extensive expertise in providing practical, valuable, modern legal advice on large commercial projects, joint ventures, data protection and GDPR compliance, franchises, and commercial contracts. She has worked with stakeholders in multiple market sectors, including IT, legal, manufacturing, retail, hospitality, logistics and construction. When not providing legal advice and growing her law firm, Melissa spends her time running, walking in the countryside, reading and enjoying downtime with close friends and family.