No more ‘fake’ reviews, blogs or ads

Now then. It’s fair to say that companies will try almost anything to get one over on their competition. And it’s also fair to say that a proportion of companies have played artistic games with the truth in order to establish their brands online. One way of gaining ground has been to ‘create’ ‘fake’ reviews and blogs by people that, strictly speaking, don’t exist! This was a fairly commonplace business practice, known as stealth marketing, though some would call it less than savoury. But business is business and where you draw the moral line has, until now, been entirely a personal decision. 

Dubious reviews and the like are not new. They look something like this: “I always use x product, it’s amazing! It makes my skin feel so smooth I look 18 again.” Mrs J Smith, Bournemouth. We all know that either Mrs Smith doesn't exist, does exist but didn’t actually say that, or she is a conglomeration of real feedback and artistic license with the name changed to protect her real identity.

So what’s happened? Well the law has just changed and it is quite a big deal because millions of companies use this device to a greater or lesser degree to get their message across. The nuts and bolts are that on 26 May 2008, the Unfair Commercial Practices Directive (UCPD) came into effect. The new law makes the UK consistent with other EU Member states by implementing the Consumer Protection from Unfair Trading Directive.

Only two of the 31 regulations are applicable here: Sections 11 and 22.

Section 11 prohibits using editorial content to promote a product without indicating that the content is an advertorial and therefore a paid insert.

"(11) Using editorial content in the media to promote a product where a business1 has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer (advertorial)".

Section 22 prohibits you from giving the impression that you're not motivated by business and prohibits you from falsely representing yourself as a consumer:

"(22) Falsely claiming or creating the impression that the business is not acting for purposes relating to his trade, business, craft or profession, or falsely representing oneself as a consumer".

Prosecution under these laws is a possibility and it carries, on a first conviction the maximum penalty of not more than £5,000 (for now) and up to two years in jail! Yes, JAIL! That’s a large multi-occupancy mixed-use residential/commercial building that provides permanent long-term accommodation - and once you go inside you don’t get to go home.

All this boils down to two things: Don’t even think about making up any customer reviews online or in print and get expert help with the wording for advertorials.