Companies which employ people to create false online reviews for their services have been warned by that they could face criminal proceedings, with the perpetrators facing up to 2 years in prison.
The practice, called astroturfing, is not only ethically questionable, it is illegal, says Claire McCracken, a leading technology law specialist at Pinsent Masons. And she warns that if the law doesn’t damage the business of those who engage in it, the verdict of the public will.
The laws surrounding the practice are yet to be fully tested, and business owners might think they can get away with some of the activity uncovered by a recent investigation by The Times, says McCracken. But business owners must realise that, law or no law, faking support could cost them their most valuable asset: their reputation.
In an investigation earlier this month, The Times found that hotel owners in the UK were paying up to £10,000 to agencies that said they could improve travel review rankings and, in some cases, could discredit rival businesses.
Agencies ‘sold’ followers on social media sites for 24p each, the paper found. They used multiple accounts and hired writers who could use different writing styles to fake a groundswell of support for a business and its services.
The Consumer Protection from Unfair Trading Regulations say that pretending to be a consumer and giving yourself a positive review is ‘an unfair commercial practice’. This is a criminal offence and proprietors are potentially liable for an unlimited fine and a prison sentence of two years.
The practice is also contrary to the UK Code of non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code).
McCracken commented: “Advertising by its nature has always walked a fine line between truthful boasting and deception, and social media platforms give companies a new way to reach people direct with their messages. But care must be taken, here as with other media, to stay on the right side of the law and, more importantly, on the right side of customers. Breaking consumer laws looks bad. Deceiving your customers looks worse. To do both could spell the end of your business.”
