Is it legal to write or buy fake reviews in Malta?
No — fake reviews are a misleading commercial practice, banned under Maltese law. Following the Omnibus Directive (transposed into Cap. 378 and its regulations), it is illegal for a business to present reviews as coming from genuine consumers without taking reasonable steps to verify that they really are, or to submit or commission fake reviews or misleading endorsements. The same applies to paying to push a product up in search results without disclosing that it is a paid advert. The myth: that "a review is just an opinion, there is no law". When a review is created, bought or suppressed to deceive the average consumer, it becomes a breach the MCCAA can enforce. Fines can reach €47,000 before the court, and for widespread EU-wide infringements the maximum can be at least 4% of annual turnover.
📋 The rules
- It is prohibited to submit or commission fake reviews or endorsements so they appear to come from real consumers.
- A business that shows reviews as coming from genuine buyers must take reasonable and proportionate steps to verify that they really do.
- Paying to raise a product in search results without disclosing it is a paid advert is also a misleading practice.
- The MCCAA can investigate, order the practice to stop, and impose administrative fines under Cap. 378.
- Fines can reach €47,000 before the court; for widespread EU infringements the maximum can be at least 4% of turnover.
🔓 Exceptions
- Genuine reviews — positive or negative — from real customers are perfectly legal; the law only targets fake or misleading ones.
- Inviting happy customers to leave a review is allowed, as long as you offer no hidden incentive and do not suppress negative reviews.
- Moderating spam or abusive reviews is not deception, provided the rules are applied uniformly and not used to hide the truth.
⚠️ Penalties & fines
Money is not the only risk. Under Cap. 378 the MCCAA can order the practice to stop, require corrective advertising, and impose administrative fines that can reach €47,000 before the court; for widespread EU infringements, the Omnibus rules allow a maximum of at least 4% of annual turnover. The platform itself can remove the listing or suspend the account, and the reputational damage to a business caught inventing reviews often costs more than the fine. A consumer misled by fake reviews may also have a remedy, and in a case of loss can claim compensation. Those who write fake reviews for payment — including marketing agencies — can be held responsible just like the business that commissions them, and the digital evidence (IP addresses, payments, writing patterns) is rarely hidden from investigators.
📎 Official sources
- MCCAA · unfair and misleading commercial practices →
- Legislation Malta · Consumer Affairs Act (Cap. 378) →
- ECC Malta · unfair business-to-consumer commercial practices →
❓ Frequently asked
Can I pay people to leave positive reviews?
Paying or incentivising people to write reviews that appear to come from independent customers is a misleading practice under Cap. 378. Even if the product is good, the deception lies in presenting the review as a genuine, unpaid opinion, and that alone is enough to be a breach.
As a business, do I have to verify reviews?
If you display reviews as coming from genuine buyers, yes, you must take reasonable and proportionate steps to confirm they really do come from consumers who bought or used the product. If you fail to do so and still present them as authentic, the omission itself can be treated as misleading.
Can I delete a genuine negative review?
You can remove reviews that breach clear rules, such as abusive language or spam, as long as you apply the same rules to everyone. But selectively suppressing genuine negative reviews to leave only positive ones gives a misleading picture and can be treated as an unfair practice.
What happens to someone caught with fake reviews?
The MCCAA can order the practice to stop, require correction and impose fines that can reach €47,000 before the court. The platform can also close the account, and for widespread EU infringements the maximum can rise to at least 4% of the business's annual turnover.
Is a marketing agency writing the reviews liable?
Yes, whoever submits or commissions fake reviews falls under the same prohibition as the business that pays for them. Both the one ordering and the one drafting the fake reviews can be held responsible, and the evidence of who wrote what rarely stays hidden during an investigation.
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