- Business in Poland -
Criminal Liability for Fake Online Reviews
A fake online review is a statement, rating, or recommendation published online that suggests a real experience of a customer, employee, contractor, or user, even though that experience never took place, was invented, purchased, manipulated, or attributed to an unauthorized person. The problem concerns both negative posts targeting a competitor and positive reviews ordered to improve a company’s reputation.
In practice, the question “penalty for fake reviews” does not have a single answer. Liability depends on the content of the post, the purpose of the conduct, how the review was obtained, the scale of the practice, and the consequences for the injured party. A single emotional customer review will be assessed differently from organized buying of Google reviews by a company or marketing agency.
Fake Online Reviews and Criminal Liability
Polish law does not provide for a single criminal offence called a “fake review”. However, criminal liability may arise under several provisions of the Polish Criminal Code, especially where a review damages the reputation of a person or company, contains false allegations, impersonates another person, or forms part of a broader fraud scheme.
The provisions most commonly considered are those concerning defamation, insult, persistent harassment, impersonation, and fraud. In business cases, regulations on unfair market practices and competition protection may also be relevant, although these more often lead to civil or administrative liability rather than strictly criminal liability.
Defamation Through Reviews - When Does a Post Become a Criminal Offence?
The key provision is Article 212 of the Polish Criminal Code. Liability for defamation may arise when someone accuses a person, company, institution, or group of persons of conduct or characteristics that may humiliate them in public opinion or expose them to the loss of trust necessary to conduct business, practise a profession, or perform a function [1].
If defamation is committed through means of mass communication, including publicly available online publications, Article 212 § 2 of the Polish Criminal Code may apply. This provision provides for a fine, restriction of liberty, or imprisonment for up to one year [1].
Examples may include publishing a false review claiming that a doctor falsifies medical records, a restaurant knowingly sells poisoned food, an employer commits crimes against employees, or a company extorts money from customers. If the allegations are false and undermine the trust necessary for the activity in question, the risk of criminal liability is real.
However, not every harsh criticism amounts to defamation. A statement such as “the service was unprofessional” or “the service did not meet expectations” may fall within the limits of a permissible opinion, provided that it results from a real experience and does not contain fabricated facts.
A broader discussion of the consequences of such actions is available in the analysis of what penalties may apply for defamation, including criminal, civil, and reputational consequences.
Buying Google Reviews - Criminal, Civil, and Administrative Risks
Buying Google reviews is particularly risky when the reviews are presented as authentic customer experiences, even though they were created on request by people who had no contact with the product or service. Such a mechanism may violate the provisions of the Act on Counteracting Unfair Market Practices.
Following changes resulting from the implementation of the Omnibus Directive, an unfair market practice may include, among other things, claiming that reviews come from consumers who used or purchased the product if the business has not taken reasonable and proportionate verification measures. It is also prohibited to publish or commission the publication of false consumer reviews or recommendations in order to promote products [3].
The Act on Counteracting Unfair Market Practices itself does not automatically mean criminal liability for every purchased review. However, it may lead to civil claims, actions by the President of the Office of Competition and Consumer Protection, and administrative sanctions if the practice infringes the collective interests of consumers [4]. In certain factual circumstances, especially where customers are misled in order to obtain a financial benefit and are induced to make an unfavourable disposal of property, Article 286 of the Polish Criminal Code on fraud may also be considered [1].
Fake Negative Reviews Posted by Competitors
Fake online reviews often appear in disputes between businesses. Negative reviews published by a competitor, its employees, or contractors may infringe personal rights, the principles of fair competition, and criminal law provisions.
If a post contains false information about an entrepreneur, the quality of services, product safety, or alleged abuses, parallel actions may be possible:
- filing a complaint with the Police in order to secure evidence and refer the case to the court, or notifying law enforcement authorities if offences prosecuted ex officio may also be involved,
- filing a private indictment, because defamation is generally prosecuted by private prosecution [1],
- bringing a claim for protection of personal rights under Articles 23 and 24 of the Polish Civil Code [2],
- bringing claims under the Act on Combating Unfair Competition if the post constitutes an act of unfair competition [5],
- submitting a request to the platform to remove a review that violates its terms or the law.
In reputation cases, it is important to secure evidence quickly. A screenshot may be insufficient if it does not prove the date, author, URL, publication context, and reach. In more complex cases, notarial protocols, technical archiving, account analysis, and identification of links between profiles are used.
Impersonating a Customer or Employee
A fake review may consist not only of false content but also of impersonating another person. If the perpetrator uses someone else’s data, photo, profile, or identity in order to cause financial or personal harm, Article 190a § 2 of the Polish Criminal Code may apply [1].
The risk increases when the review was posted from a compromised account, using stolen login credentials, or after unauthorized access to a system. In such cases, provisions concerning breach of information confidentiality may also apply, for example Article 267 of the Polish Criminal Code [1].
Three Exceptions - When a Negative Review Should Not Be Treated as Fake
Not every unfavourable review justifies a criminal response. In practice, it is necessary to distinguish an unlawful post from a statement that falls within the limits of freedom of expression. The three most important exceptions are:
- A truthful account of personal experience - the user describes facts that genuinely concern them, such as the course of service, timeliness, communication, or quality of the service.
- A value judgment rather than an allegation of fact - the statement is a subjective opinion, such as “I do not recommend it”, “the service was poor”, or “communication was difficult”, without attributing false criminal or unethical conduct.
- Acting in defence of a socially justified interest - the statement concerns a real issue relevant to other consumers or the public, and the author acts reliably, proportionately, and on the basis of verifiable grounds.
Each of these exceptions requires an assessment of the specific facts. The line between permissible criticism and unlawful defamation can be thin, especially when a review contains a mixture of facts, opinions, and suggestions.
How to Respond to Fake Online Reviews
An entity affected by fake online reviews should act in stages. A public response that is too quick and emotional may deepen the crisis. A response that comes too late, on the other hand, increases the risk that negative content will become entrenched in search results.
The most commonly recommended actions include:
- securing evidence before reporting the review for removal,
- assessing whether the post contains facts, opinions, suggestions, or insults,
- establishing whether the review comes from a real customer or employee,
- reporting the violation to the platform, such as Google, an industry portal, or a marketplace,
- calling on the author or the commissioning entity to remove the post, issue a correction, and cease the infringements,
- analysing the possibility of filing a private indictment or a civil claim,
- implementing compliance procedures for review and recommendation marketing.
In the area of reputation protection, media law, and personal rights, coordination of legal, communication, and evidentiary actions is essential. Information about this area of support is available on the personal rights and media law page.
Company Liability for Commissioning Fake Reviews
Liability may apply not only to the author of a review, but also to the entity that commissions, finances, or organizes the publication of fake posts. This applies to entrepreneurs, marketing agencies, freelancers, and people managing a campaign.
For management boards and compliance departments, it is particularly important that marketing procedures clearly prohibit the publication of seemingly consumer-generated reviews. This also applies to rewarding employees for posting reviews without disclosing their connection with the company, using fake accounts, and mass reporting competitors’ reviews without grounds.
This material is for informational purposes only and does not constitute legal advice. Assessing liability for fake reviews requires an analysis of the content of the post, evidence, the status of the parties, and the consequences of publication. In matters requiring a rapid reputational or criminal law response, Kopeć & Zaborowski may analyse the situation after contact through the KKZ website.
FAQ - Criminal Liability for Fake Online Reviews
Can a fake Google review lead to criminal liability?
Yes, but not in every case. Criminal liability may arise in particular where the review contains false allegations damaging reputation, impersonates another person, or forms part of a fraud scheme. Article 212 of the Polish Criminal Code on defamation is most often analysed.
Is buying Google reviews legal?
Buying reviews presented as authentic consumer reviews may be considered an unfair market practice. It may lead to civil and administrative liability and, in specific situations, to analysis under criminal law provisions.
What is the difference between a critical review and defamation?
A critical review usually expresses a subjective assessment of a real experience. Defamation consists of attributing to a person or company such facts or characteristics that may humiliate them in public opinion or expose them to the loss of trust.
Can a company sue the author of a fake review?
Yes. A company may seek protection of its personal rights, request removal of the post, an apology, damages, or payment of an appropriate amount for a specified social purpose. In certain cases, it may also be possible to file a private indictment for defamation.
Can the anonymous author of a review be identified?
In some cases, yes. This requires securing evidence, technical analysis, procedural steps, and cooperation with the platform or law enforcement authorities. Effectiveness depends on the data available in the specific case.
Can a negative employee review of an employer be a criminal offence?
It can, if it contains false allegations damaging the reputation of the employer or management. Criticism of working conditions, if reliable and based on facts, should generally not be automatically treated as a criminal offence.
Bibliography
- [1] Act of 6 June 1997 - Polish Criminal Code, in particular Articles 190a, 212, 216, 267, and 286.
- [2] Act of 23 April 1964 - Polish Civil Code, in particular Articles 23 and 24.
- [3] Act of 23 August 2007 on Counteracting Unfair Market Practices, in particular the provisions concerning consumer reviews after the implementation of the Omnibus Directive.
- [4] Act of 16 February 2007 on Competition and Consumer Protection, in particular the provisions concerning practices infringing the collective interests of consumers.
- [5] Act of 16 April 1993 on Combating Unfair Competition.
- [6] Act of 6 June 1997 - Polish Code of Criminal Procedure, in particular Article 488.
- [7] Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019, the so-called Omnibus Directive.
- [8] Office of Competition and Consumer Protection, informational materials concerning consumer reviews and business market practices.
Author: adw. Maciej Zaborowski, Managing Partner
E-mail: m.zaborowski@kkz.com.pl
