Italy: Damage to reputation vs. freedom of opinion - What can be done against bad reviews on the Internet under Italian law?

When is a negative company review in Italy to be classified as unlawful?

There is an unlawful review if it damages the reputation, image and credibility of the company discussed in an untrue manner. The online publication of a review is an expression of the right to criticism, a constitutionally protected right as an expression of free speech. Taking this into account, criticism using strong or harsh expressions is also lawful, which can fall under the term polemic and strongly negative criticism. The review published online, which is directed at a large and potentially unlimited number of recipients, goes beyond the right to express an opinion and is therefore unlawful if it reports and/or uses untrue facts and/or phrases that are unnecessarily offensive and aggressive against the dignity and image of the company being reviewed.

What measures can be taken against unlawful reviews?

The most direct means of defence is to request the website operator to remove the contested review. Most websites that invite you to publish reviews have an easily accessible system for reporting of “abuse”. Anyone who feels unjustifiably harmed by an offensive or untrue review can demand that this be removed so that its visibility is immediately terminated. If the site operator does not comply with the request, this can be ordered by a court order by way of the temporary injunction pursuant to Art. 700 of the Code of Civil Procedure. Criticism expressed online, which harms the reputation and credibility of a company without reason, also constitutes the criminal offence of defamation: It can be reported to the authorities and prosecuted. Finally, anyone who feels harmed by a false or illegal review can demand financial compensation.

Can you buy positive fake reviews as a company?

Due to the weighting of reviews in the selection of products and in consumption, a “review market” has emerged with positive reviews for the company itself but also negative reviews from competitors. The legal classification is still under discussion; under civil law, one could speak of unfair competition that influences the market by controlling the perception of the users and thus triggers a liability for damages. In order to halt the phenomenon, the courts are increasingly evaluating such conduct as fraud or the false pretences of another person, also from a criminal point of view.

Autor: Flavia Barbato