Fake reviews and viralization on social media: a growing threat to corporate reputation and digital trust

1. The challenge of balancing fundamental rights
2. Amendment of legislation on false reviews
3. Legal framework and ongoing reforms
4. Economic and social consequences

José Montero, CEO of Montero de Cisneros Abogados, has warned that this phenomenon not only seriously affects the reputation of companies, but also erodes consumer confidence in the digital ecosystem and raises serious questions about the responsibility of users and platforms in the dissemination of misleading content.

Online reviews emerged as a tool for transparency and recommendation, allowing consumers to share their experiences and helping other users in their purchasing decisions.

However, the growing manipulation of these opinions, whether through unfair competition, orchestrated campaigns, or simple misinformation, has led to a problem with a significant economic and social impact.

“Fake reviews have devastating power: they can ruin in a single day the work and reputation built up over years by a company. We are facing a problem that not only damages specific businesses, but also undermines general confidence in the digital market,” says José Montero.

The challenge of balancing fundamental rights

The legal debate revolves around a key question: where is the line between freedom of expression and defamation? Experts agree that sharing personal experiences is a fundamental right that must be protected, but when it is based on false or manipulated facts, the affected company must have effective mechanisms to defend its honor.

Legislation and digital platforms face the challenge of finding a fair balance. While users must be able to express legitimate opinions, companies need protection from unfounded smear campaigns. In this sense, the viralization of unverified information becomes a double-edged sword: a resource for citizen empowerment that, if misused, can lead to devastating consequences.

Amendment of legislation on false reviews

Spanish legislation on false reviews on the internet is in the process of being reformed in 2025, driven by initiatives from the government and the Ministry of Consumer Affairs in collaboration with the Ministry of Justice headed by Félix Bolaños. The aim is to combat the negative impact of fraudulent reviews on companies, especially in the tourism, hospitality, and retail sectors, by establishing rights and defense mechanisms for those affected.

Legal framework and ongoing reforms

• The amendment presented by PSOE and Sumar modifies Article 20 of the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007).
• Platforms and companies must clearly inform users about the verification of reviews, ensuring that they come from real users who have used the products or services.
• The possibility of removing false reviews is established, provided that the business owner can reliably prove that the review is misleading or does not correspond to an authentic experience.
• Reviews may only be published on services or products purchased in the 30 days prior to the publication of the review.
• The business owner has the right of reply through the same channel, thus promoting transparency and protecting commercial reputation.
• It prohibits the buying and selling of reviews and punishes the publication of demonstrably false or malicious reviews with administrative sanctions. Fines can range from €5,000 to €10 million, depending on the severity and damage caused.

Economic and social consequences

The impact of false reviews goes beyond reputation. In sectors such as hospitality, tourism, and e-commerce, a viral comment can lead to massive cancellations of reservations, plummeting sales, and economic losses that take years to recover from. In addition, the domino effect of these publications contributes to a climate of widespread mistrust, where consumers doubt the veracity of any online opinion.

Montero stresses that the problem is not only business-related, but also social: “The irresponsible viralization of fake news not only destroys businesses, but also undermines trust in digital communication. If users cannot distinguish between a true review and a manipulated one, the entire system loses credibility.”