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Reviews may be anonymous, but fake reviews are not. Anyone who damages a company with fake reviews can be held liable — but for that to happen, the anonymity must first be broken. The Amsterdam District Court ordered review platform Trustpilot to provide the name, address, and account details of the writers of plausibly false reviews to the aggrieved company.
Trustpilot was ordered by the Amsterdam District Court (ECLI:NL:RBAMS:2021:2131) to disclose name and address details of the writers of fake reviews. Platforms prefer not to do this, because anonymity is often important to reviewers — but fake reviews mark a boundary.
Fake reviews on Trustpilot
Fake reviews appeared regarding home search services Esteon and Scanler. Parent company InterReal believed that Trustpilot violated its duty of care by doing too little to combat fake reviews, and demanded the data of the writers: name, username, email address, phone number, and IP address.
The reviews suggested that InterReal was engaging in review fraud (with titles such as “stop review fraud” and “fake reviews”), and there were positive reviews that incorporated the first names of staff members — clearly intended to cause harm. InterReal provided evidence that the reviews were fake: they originated from countries where the company does not provide services (such as Palestine and Belgium), the names could not be traced back to real customers, they were posted at unusual times and in quick succession, and none provided proof of a genuine customer experience.
Forum selection clause fails
Trustpilot initially relied on a forum selection clause in its general terms and conditions, which would grant the court in Copenhagen exclusive jurisdiction. The Amsterdam District Court dismissed this: there was no meeting of minds, because InterReal was compelled to create a Trustpilot account (and thereby accept the terms and conditions) in order to be able to report the reviews at all.
Trustpilot must provide data
The judge assessed all reviews individually on the likelihood that they were false. For instance, a review from Palestine was posted at 4:00 AM, and a similar one from Belgium around the same time. Trustpilot was required to provide the details for a large number of reviews; in the case of a few, there were insufficient concrete indications of falsity (such as “Esteon proved unhelpful with the search. Fortunately, found a home through other means”).
Taking action against fake reviews
Complaining anonymously about a company online is allowed, but it is not a license for false accusations. At the same time, not all reviews can simply be banned: freedom of speech gives people the right to complain, and as long as that is not abused, even a judge cannot order removal. Read more about what you can do about fake reviews.
Frequently Asked Questions
Is someone allowed to post a review anonymously?
Yes, anonymous reviewing and complaining is allowed. However, in the case of fake reviews, anonymity can be breached and the writer can be held liable.
Can I request the details of a fake reviewer?
Under certain conditions, yes. If you can demonstrate that a review is false and unlawful, a platform may be required to provide the details of the writer.
Does a forum selection clause in a platform's terms and conditions always apply?
Not necessarily. If there is a lack of mutual consent — for example, because you were forced to create an account to report — the clause can be set aside.
Troubled by fake reviews?
The legal experts at MKB Juristen help you tackle fake reviews and, if necessary, track down the writer. View our expertise or contact us.
