In recent months, the Competition and Markets Authority (CMA) has issued fresh guidance on misleading consumer reviews. This development is particularly significant for the travel sector, where reviews have become a cornerstone of consumer decision-making. The guidance builds on the reforms introduced by the Digital Markets, Competition and Consumers Act (DMCC), which has made certain commercial practices automatically unlawful. Misleading consumer reviews sit at the very top of this list.
What exactly is prohibited?
The CMA identifies three categories of conduct that are expressly banned:
1. Fake reviews
These are reviews that purport to be based on a genuine consumer experience but are not. For instance, a fabricated five-star review from someone who has never stayed at a hotel, or a deliberately damaging one-star review posted by a rival, both fall into this category.
2. Concealed incentivised reviews
Where an individual has received something of value – such as a free stay or a voucher – in exchange for leaving a review, that incentive must be disclosed. Incentivised reviews are not unlawful in themselves, but they must be transparent. Both the reviewer and the business must ensure that the commercial connection is clear and that disclosure of the incentive is given e.g. #Ad.
3. Misleading presentation of reviews
Even where reviews are genuine, businesses may not publish or present them in a misleading way. This includes practices such as cherry-picking only the most positive reviews, whilst suppressing or deleting negative ones. Similarly, repurposing reviews in ways that distort their relevance – for example, using a glowing review of a luxury villa to market a standard villa in the same resort. Out-of-date reviews may also mislead if they no longer reflect the true state of the product or service.
In addition, businesses that host or make reviews available – whether from their own customer feedback or from publishing third-party content such as TripAdvisor or Trustpilot reviews – are required to take reasonable and proportionate steps to prevent fake or misleading reviews from being published, and to remove them if they appear. This obligation extends beyond the conduct of individual reviewers: it places an affirmative duty on publishers to monitor, detect and respond to problematic reviews. In practice, this means putting in place clear, published policies, carrying out risk assessments, and operating detection systems that flag anomalies, such as suspicious clusters of reviews from the same source.
The travel sector in focus
The travel sector is particularly exposed because reviews heavily influence consumer purchasing decisions. Whether booking a package holiday, a hotel stay or a city tour, travellers often rely on online reviews as a proxy for trust and quality. According to the CMA, consumer trust in reviews is fundamental to the effective operation of the consumer market. Where reviews cannot be relied upon, consumers face a distorted picture, and compliant businesses are placed at a competitive disadvantage.
For travel businesses, the implications are practical and immediate. Companies can no longer remove negative reviews quietly, pay influencers without clear disclosure, or turn a blind eye to suspicious activity on their platforms. For example:
- A tour operator encouraging customers to post reviews cannot filter out negative comments and publish only positive comments.
- An online travel agent engaging an influencer must ensure that any sponsored content is clearly marked as such.
- A sudden spike in positive reviews from a single source requires investigation, with removal of suspect reviews where necessary.
Why does this matter?
The CMA’s stance reflects its view that reviews play a decisive role in consumer choice. Most consumers consult TripAdvisor ratings, Google reviews, or booking site star scoring before committing to a purchase. The CMA is therefore treating misleading reviews as a priority enforcement area under the DMCC.
The risks of non-compliance are significant. Businesses that fail to align with the CMA’s expectations face enforcement action, turnover-based fines and reputational damage.
Key takeaway
For travel businesses, the message is clear: review practices must be genuine, transparent, and fair. Companies should:
- Publish clear policies on review collection and moderation.
- Ensure that incentives are disclosed transparently.
- Audit systems for detecting suspicious patterns of reviews.
- Regularly review how customer feedback is presented to avoid misleading impressions.
Ultimately, the CMA’s guidance is about reinforcing consumer trust. Reviews remain a powerful tool for both consumers and businesses, but only where they can be relied upon as accurate and authentic. For the travel industry, where reputation and credibility are paramount, compliance with the CMA’s rules on reviews is no longer optional – it is a legal necessity.
