Login | September 18, 2024
Final FTC rules on fake and AI-generated online reviews
RICHARD WEINER
Technology for Lawyers
Published: September 13, 2024
People looking for everything from restaurants to lawyers rely on, or at least are exposed to, online reviews. Lately, however, sites are being flooded with fake reviews and AI-generated robot opinions. Robots have opinions, I guess. So the FTC had to step in.
The Federal Trade Commission has finalized its rules on fake online reviews and reviews generated by AI. Basically—don’t do it. You know—don’t lie. The FTC doesn’t want you to lie or to rely on someone else’s lies.
That has to be a rule now, promulgated on August 14 and effective a/o October 21. What you can do before that is up to you.
What the rule covers:
Fake or false consumer reviews and consumer or celebrity testimonials. This is basically misrepresenting who wrote the testimonial and includes, for example, fake celebrity endorsements or AI-generated reviews or testimonials. Also prohibited are purchasing or disseminating such misleading content, as well as employee-generated reviews on a third-party platform. Regarding misrepresenting celebrity endorsements, this rule echoes the privacy torts of misrepresentation and right of publicity.
Buying false or negative consumer reviews.
Yes, you can pay a celebrity blogger to endorse your dog food. However, what is now prohibited is buying reviews from the common folk. You know—bribery.
Fake indicators of social media influence.
Influencer metrics created by bot activity are prohibited. In other words, only Taylor Swift actually has 250 million human Instagram followers. Not your typical next door basement dweller.
Insider consumer reviews and consumer testimonials.
Any insider (manager, officer, or immediate relative thereof) must disclose that relationship in a review. This section addresses reviews that, while they might be true, still exhibit some kind of inherent bias. Not covered here are general solicitations for customers to post testimonials (always a good idea. If you’re good).
Company-controlled review websites or entities.
Pretty obvious.