Your Google reviews can make or break your reputation. A steady stream of genuine, positive feedback helps you win new customers, build trust and showcase your service standards. The flip side? A single fake review can hurt your rating, create doubt and impact sales - especially if you don’t respond quickly and professionally.
If you’re dealing with a suspicious or clearly fabricated review, you’re not powerless. Australian law does offer pathways to address fake reviews and protect your business. This guide explains how fake reviews are treated under Australian law, what to do step-by-step, and how to set up your business to manage reviews safely and compliantly.
Important note: This article is general information only. Sprintlaw does not provide legal services for defamation matters, Google review removal or disputes about online reviews.
What Counts As A Fake Google Review?
In simple terms, a fake review is one that doesn’t reflect a genuine customer experience. It may be posted by someone who never dealt with your business, it might intentionally mislead other consumers, or it may be posted by a person or bot with another agenda (for example, to promote or damage a business).
Common scenarios include reviews posted by:
- People who have never used your products or services
- Competitors or their associates seeking to influence your rating
- Former staff or contractors with a grievance
- Automated accounts or paid “review farms” (often offshore)
Signs a review may be fake include:
- Details that don’t match your offering, location or processes
- No matching record in your CRM or booking system
- The same account leaving multiple extreme reviews across unrelated businesses in a short timeframe
- Highly exaggerated claims without specifics or dates
Because even one review can change how you appear in search and maps, it’s worth understanding when the law may assist - and when a measured, professional response is the best approach.
Are Fake Google Reviews Illegal In Australia?
There isn’t a single “fake reviews law,” but several legal frameworks apply depending on who posted the review, why, and how it was used.
Misleading Or Deceptive Conduct (Australian Consumer Law)
The Australian Consumer Law (ACL) prohibits misleading or deceptive conduct in trade or commerce. This can include publishing or procuring fake reviews to promote a business or damage a competitor. Regulators and courts have treated manipulated review practices as a form of misleading conduct, particularly where a business benefits from the deception or directs others to act.
However, there’s an important nuance: the ACL generally targets conduct in “trade or commerce”. A private individual posting a one-off personal comment may fall outside the ACL, while businesses (or people acting on behalf of a business) that publish, procure or manage fake reviews are far more likely to be captured.
If you’re mapping the boundaries, it can help to understand how misleading or deceptive conduct is assessed, and how the general prohibition in section 18 of the ACL operates.
False Or Misleading Representations
Certain specific false representations (for example, about testimonials) can also breach the ACL. These provisions can carry civil penalties, and in some instances, criminal offences apply - but again, they primarily target businesses or persons engaging in conduct in trade or commerce.
Defamation (False Statements That Harm Reputation)
Defamation law may apply where a review contains false statements that are likely to cause serious harm to your reputation. In Australia, individuals and “excluded corporations” (most small businesses with fewer than 10 employees that are not related bodies corporate) can sue for defamation. Larger companies generally cannot.
There are critical thresholds and procedural steps, including the “serious harm” requirement, a strict limitation period (usually 1 year from publication), and a mandatory “concerns notice” before litigation in most states and territories. These processes are technical and best navigated with specialist defamation advice.
What About The ACCC?
The Australian Competition and Consumer Commission (ACCC) is the regulator that enforces the ACL. The ACCC has taken action against businesses for publishing or procuring fake reviews and for review manipulation. While the ACCC can investigate and commence proceedings, it generally focuses on patterns of conduct by businesses rather than one-off private posts by consumers.
Is Posting A Fake Review A Crime?
Most matters involving reviews are handled under civil law. Some ACL contraventions give rise to criminal offences, but these typically involve conduct by or for a business. Criminal defamation exists in some jurisdictions but is rarely pursued in the context of online reviews. In practice, civil pathways (regulator action, platform processes and-where appropriate-defamation claims) are the main routes.
Step-By-Step: What To Do If You’re Hit With A Fake Review
Don’t panic - follow a calm, consistent process. The goal is to protect your reputation, preserve evidence, use platform tools, and escalate appropriately.
1) Preserve Evidence
- Screenshot the review, including the date, username/profile and star rating.
- Record why you believe it’s fake (for example, no matching customer record, wrong product described, or an out-of-hours event with no booking).
- Keep a timeline of events and any internal checks you perform. This can be helpful if you need to escalate to Google or a lawyer later.
2) Check Google’s Policies And Flag The Review
- Use your Google Business Profile to flag the review for violating policies (for example, off-topic content, conflict of interest, or impersonation).
- Provide concise, factual reasons and attach any non-confidential evidence you can share.
- If multiple reviews appear coordinated, flag each one and keep a central log.
3) Respond Professionally (Publicly)
A short, measured public reply can reassure prospective customers. Keep it factual and avoid arguments or accusations. For example:
“Thanks for your feedback. We’ve checked our records and can’t find a matching booking or purchase. We’re keen to help - please contact us directly at so we can look into this.”
Don’t disclose personal information and avoid anything that could be seen as retaliatory. Your aim is to demonstrate openness and professionalism to anyone reading your reviews.
4) Consider A Private Follow-Up (If Appropriate)
If the reviewer appears genuine but mistaken, a polite private message may resolve it. Be careful not to pressure the reviewer, and never offer incentives to remove or change a review, as this can raise compliance concerns.
5) Escalate Sensibly
- If Google doesn’t remove the content and the impact is material, consider legal avenues. Where false statements are clearly harming reputation and you’re within the limitation period, specialist defamation advice may be appropriate.
- In some cases, lawyers send a cease and desist letter to the reviewer or relevant parties. This is often a first step before any court process.
- If the reviewer is anonymous, lawyers can advise on identifying the poster (for example, through court processes directed at the platform), noting that this can be complex and fact-dependent.
6) Strengthen Your Genuine Review Base
Encourage verified customers to leave honest feedback. Over time, a steady stream of genuine reviews dilutes the impact of an outlier and improves the overall trust signal in your profile.
Can You Take Legal Action Over A Fake Review?
Yes, in the right circumstances - but it’s important to choose the right pathway and understand the limits.
Defamation: When Reputation Is Seriously Harmed
A defamation claim may be available if the review contains false statements and causes serious harm to your reputation. Some practical limits to keep in mind:
- Who can sue? Individuals and “excluded corporations” (usually businesses with fewer than 10 employees that are not related bodies corporate). Larger companies generally cannot sue for defamation.
- Concerns notice: In most jurisdictions, you must serve a compliant concerns notice before filing a claim, allowing the publisher an opportunity to make amends.
- Serious harm threshold: You must show the publication has caused, or is likely to cause, serious harm.
- Time limit: Generally 12 months from publication (with limited extension options).
- Defences: Truth, honest opinion, and public interest are among the common defences that may apply to reviews.
Because the rules differ across states and the facts matter, specialist advice is essential before taking steps here.
ACL Pathways: Misleading Review Practices
If a business is arranging, procuring or publishing fake reviews in trade or commerce, ACL remedies may be available. These matters often involve regulator action (for example, the ACCC) or civil proceedings targeting businesses rather than individual consumers. The focus is on conduct that misleads the public, such as testimonials that don’t reflect genuine experience or review manipulation.
- Persist with platform processes where the review clearly breaches policy (for instance, conflicts of interest or content not based on real experiences).
- Where the review contains sensitive information or doxxing, report it as a safety issue.
- If internal misconduct is suspected (for example, a current or former staff member), you may have options under your Employment Contract and workplace policies.
Staying Compliant When You Manage Reviews
It’s not just about removing fake content - it’s also about managing reviews in a legally compliant way to protect your brand long term.
Follow The ACL In Your Own Marketing
Never post or procure reviews that aren’t based on genuine customer experiences. Don’t suppress negative (but genuine) reviews or mislead customers about testimonials or star ratings. This is part of your broader obligations under the ACL, including the overarching rule against misleading or deceptive conduct.
Protect Privacy When You Reply
When responding publicly, don’t publish a customer’s personal information. Keep replies general and invite the person to contact you privately. If you collect customer details for follow-up, make sure your Privacy Policy explains how you handle personal information.
If you host comments or testimonials on your site or community channels, set expectations for user conduct and moderation. Well-drafted Website Terms & Conditions can outline rules for posting, explain when content may be removed, and reserve rights to moderate or take action against misuse.
Train Your Team And Use Written Policies
Consistency matters. Provide staff with simple, practical guidance on when to reply, how to escalate, and what not to say online. A short set of house rules inside your Staff Handbook or a workplace policy can reduce risk and help your responses stay on brand and on the right side of the law.
Consider A Cease And Desist Letter (In The Right Cases)
Where a review contains clear falsehoods and is causing harm, a formally worded letter can sometimes prompt a correction or removal. If you’re exploring this option, it’s worth understanding how a cease and desist letter works and what it can and can’t achieve.
Document Your Process
Have a simple playbook: capture evidence, triage the issue, choose the right response, and decide if escalation is needed. A documented process makes it easier to act quickly and consistently, even if different team members are involved.
Common Pitfalls To Avoid
- Over-disclosing: Don’t share personal or confidential information in replies.
- Retaliating: Avoid arguments, accusations or threats - it rarely helps and can escalate risk.
- Offering incentives: Don’t offer benefits in exchange for removing or changing a review.
- Ignoring patterns: If you notice coordinated activity, escalate early and keep detailed records.
Practical Safeguards You Can Put In Place
A few proactive steps can reduce your exposure and strengthen your position if something goes wrong.
- Moderation framework: Create simple criteria for when to reply, when to report, and when to escalate.
- Template replies: Draft a handful of polite, neutral templates for common scenarios (mistaken identity, generic complaint, policy breach) to keep tone consistent.
- Customer verification: Where possible, ask for order numbers or booking references in private follow-ups to verify genuine experiences quickly.
- Internal accountability: Clarify who approves public responses and who owns escalation to platforms or lawyers.
- Contractual safeguards: Ensure your Employment Contract and internal policies prohibit staff from posting reviews about your business or competitors in breach of platform rules or the law.
When Competitors Or Staff Are Behind Fake Reviews
If evidence suggests a competitor or current/former staff member is involved, the situation may engage multiple legal issues (consumer law, employment obligations, confidentiality, and possibly defamation). Keep your investigation factual, preserve evidence, and avoid public allegations until you’ve received advice on next steps.
Misconduct by employees may breach contracts or policy, while conduct by competitors that manipulates reviews may raise ACL issues. Where appropriate, a carefully drafted letter before action may help - but getting specialist input first is prudent, especially if you’re considering defamation steps.
Key Takeaways
- Fake Google reviews can be addressed through a mix of platform processes, measured public replies and, in the right cases, legal options.
- The ACL targets misleading conduct in trade or commerce, which commonly applies to businesses that publish or procure fake reviews; individual one-off posts may fall outside the ACL.
- Defamation law can assist where false statements cause serious harm; only individuals and most small “excluded corporations” can sue, and a concerns notice and strict time limits usually apply.
- Act methodically: preserve evidence, flag policy breaches to Google, reply professionally, and escalate sensibly if the impact is material.
- Stay compliant when you manage reviews: follow the ACL in your own marketing, protect privacy in replies, and back your approach with clear Website Terms & Conditions, a Privacy Policy and internal policies for staff.
- In appropriate cases, a cease and desist letter or regulator pathways may be options, but specialist advice is important before taking formal steps.
If you’d like a consultation about policies, website terms or other legal documents to support your review management process, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
