Yet again the regulators have seen fit to step in - this time in relation to fake reviews, specifically those posted to Google. It is time we revisited the rationale behind regulation and reviews.
In an ideal world...
Everyone who wrote a review...
- Would be in a position to understand everything to do with whatever product or service they had been sold and were reviewing
- Would be in a positive - or at the very least, benign - frame of mind, both at the time they interacted with the business that sold them the product or provided them with the service and later, when they came to write their review
- Would have perfect command of the English language, or whatever other language they wrote their review in (Google accepts reviews in 149 languages)
And every business that asked its customers to write a review...
- would welcome every review with open arms
- would not place any barriers in the way of someone wanting to review their product or service
- would respond to every review posted - anywhere
And every review platform would conform to these basic tenets...
- it would favour neither business nor consumer
- it would ensure that no barriers were placed in the way of a consumer wishing to post a fair and accurate review
- it would offer an effective appeal route for the business under review against inaccurate, potentially misleading or plain unfair reviews
- it would ensure that its reviews were as visible as possible to consumers
The current regulatory situation
In the UK, as regular readers know, online reviews are regulated (by the Competition and Markets Authority - 'CMA'), and such regulation is backed by the force of law.
The CMA has been conducting an ongoing review into the use and abuse of reviews for many years now. Here is their advice to businesses - which remains current to this day. Periodically the CMA will announce action it is taking or agreements it has come to - here is its latest, this time with Google.
At this stage we should mention that, in the UK at least, there are examples of businesses taking reviewers to court for posting defamatory reviews. Here is one such. For obvious reasons, both commercial and reputational, this is a rare occurrence, as the legacy press and social media rarely shine a favourable light on 'big business' taking customers to court. This makes a fair and evenhanded regulatory and legal approach to reviews even more important. But such action does conclusively prove one thing: that businesses would do well to take every measure to avoid such negative reviews, especially the 'unfair' ones.
The future
So far, quite reasonably, the regulators have focused their attention on the sites that host reviews. They are also right to refine that focus to concentrate on Google, as it now hosts four out of every five reviews on the web (see its remarkable dominance here).
This was reinforced when we were privileged to have an in-depth conversation with a senior staffer at the CMA last year. The central thrust of his message was 'Just because the CMA doesn't constantly repeat the fact that we have an open investigation into abuses of online reviews does not mean that we have closed the file, the opposite is true.'
So the next logical move by the regulators will likely be on the following two fronts...
- against the legacy review sites that have been driven to offer more and more questionably legal benefits in order to compete with Google reviews (bearing in mind these sites invariably charge businesses and Google does not). These range from control over who is able to write a review to the ability to challenge a genuinely held customer opinion in the hope that the customer will simply give up and not insist on their review being published
- against businesses that are in contravention of the CMA's core regulations - the main ones being 'cherry-picking' only demonstrably happy customers to invite to post reviews and 'gating' - identifying that same cohort using a questionnaire
- sites that offer businesses boosted prominence in rankings in return for financial reward
- sites that muddy the water by selling leads to businesses on the back of reviews
- sites that discriminate against reviewers who are unable or unwilling to provide proof of purchase*
- they are the first reviews any prospective customer sees of your business
- every one of your business's locations will have a distinct Google profile with reviews attached
- they have greater credibility than other kinds of review, simply by virtue of readers understanding that Google knows a great deal about the poster
- just about everyone on the planet is able to write a Google review without 'joining' or 'registering'