Introduction
Online reviews wield extraordinary power, capable of making or breaking a business with just a few clicks. A five-star rating can build empires while a one-star assault can destroy decades of hard work overnight.
From disgruntled competitors posting fabricated negative reviews to vengeful customers launching attack campaigns, businesses and individuals across India face an unprecedented threat to their digital reputation. This is termed as “review bombing” – where content is attacked indiscriminately by anonymous individuals through fake reviews with malicious intent to lower reputation.
These false reviews and malicious online campaigns have weaponized consumer platforms, transforming them from tools of genuine feedback into instruments of digital warfare. They distort consumer perception, erode public trust, and can cause significant financial and emotional harm.
Understanding False Reviews and Malicious Campaigns
False Reviews are fabricated testimonials or feedback posted by individuals who have not genuinely experienced the product or service, designed to artificially inflate or deflate ratings and public perception.
Malicious Online Campaigns encompass coordinated efforts to damage reputation through systematic posting of negative content, fake reviews, defamatory statements, or organized boycott calls across multiple platforms.
Legal Framework in India
Constitutional Protection
Article 19(1)(a) and Article 21:
While the Constitution guarantees freedom of speech and expression, it does not protect false or defamatory statements. The fundamental right to life and personal liberty under Article 21 includes protection of reputation and dignity, thereby creating constitutional grounds for challenging malicious campaigns.
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Consumer Protection Act, 2019
The Consumer Protection Act, 2019 addresses fake reviews by prohibiting false or misleading advertisements, including deceptive online reviews.
Section 2(28): Unfair Trade Practice
• Includes false representation about services or products
• Covers fake testimonials and manufactured reviews
• Applies to both businesses creating fake positive reviews and competitors posting fake negative reviews
Section 2(47): False or Misleading Advertisement
• Prohibits advertisements that materially mislead consumers
• Includes fake reviews used for promotional purposes
Bureau of Indian Standards (BIS) Framework
The Bureau of Indian Standards has introduced a framework on “Online Consumer Reviews – Principles and Requirements for their Collection, Moderation, and Publication,” which provides guidelines to e-commerce platforms to ensure authenticity of reviews.
It introduced IS 19000:2022, mandating clear rules and moderation mechanisms for online consumer reviews. Organizations must ensure reviews are genuine, factually correct, and based on personal experience. Robust systems for collecting, moderating, and publishing reviews are required under the draft Quality Control Order (QCO), which is expected to become a statutory mandate.
E-Commerce & IT Rules
E-Commerce Rules of 2020 prohibit sellers from posting false or deceptive reviews and impersonating consumers. Rule 6 explicitly bars false representation by sellers or entities.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 mandate that platforms exercise due diligence to prevent misleading or unlawful content, including fake reviews and misinformation. Intermediaries are required to remove such content upon notice.
Competition Act, 2002
Under the Competition Act, 2002:
• Section 3: Anti-competitive practices include creating false market perception through manufactured reviews
• Section 4: Abuse of dominant position can include suppressing competitors through fake negative reviews
Digital Personal Data Protection Act, 2023
The Digital Personal Data Protection Act, 2023 strengthens protection against misuse of personal data in malicious campaigns.
• Right to Erasure: Individuals and businesses can demand removal of personal data used in malicious campaigns
• Data Accuracy: Organizations must ensure accuracy of personal data, creating grounds for challenging false information
• Consent Requirements: Strict consent mechanisms prevent unauthorized use of personal information in fake reviews
Related Case Laws
Hamdard National Foundation vs. Union of India (2002) 106 DLT 566
The Delhi High Court recognized that false and misleading representations in commercial contexts cause actionable harm and warrant both civil and criminal remedies.
V.P. Sarathi v. Mrs. S. Kiruthiga
The Court upheld that online reviews are protected under Article 19(1)(a), but authorities must act against malicious reviews. The Court also suggested measures such as restricting reviews within 48 hours of release and creation of dedicated complaint portals.
SMC Pneumatics Pvt Ltd. v. Jogesh Kwatra
India’s first case of online defamation. The Court issued an injunction against reputation-damaging emails and set a precedent for addressing online speech through defamation laws.
Anuraag Mittal v. Flipkart Internet Pvt Ltd.
The Court admitted screenshots of defamatory social media posts as admissible evidence. This marked a crucial step in recognizing the legal validity of digital content in defamation proceedings and set a precedent for using digital traces as evidence.
Case Study – The Restaurant Revenge Campaign
A popular Mumbai restaurant faced a coordinated attack when 47 negative reviews were posted within 12 hours by accounts created the same day, all using similar language patterns and focusing on identical complaints about food quality and service.
Legal Action:
• FIR under IT Act Section 66D (impersonation) and BNS Section 356 (defamation)
• Civil suit seeking ₹50 lakhs in damages and permanent injunction
• Complaint under the Consumer Protection Act for unfair trade practices by competitors
Outcome:
• Court granted interim injunction ordering the platform to remove false reviews
• ₹15 lakhs awarded as damages for business loss and reputational harm
• Platform implemented enhanced verification mechanisms for restaurant reviews
Conclusion
While the internet is a powerful tool for growth, it carries inherent risks. False reviews and malicious campaigns are not merely unethical practices – they may constitute civil wrongs and criminal offences. Perpetrators can face heavy fines, imprisonment, and court-ordered compensation.
Indian courts are increasingly taking a firm stance against digital reputation attacks, and online platforms are being held more accountable for failing to act against fabricated content.
In the digital era, reputation is one of the most valuable assets a business or individual possesses. When faced with review bombing or coordinated online attacks, it is essential to act swiftly and decisively. Do not hesitate to defend your reputation with the full force of the law.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Privacy laws may vary based on circumstances and jurisdiction. Readers are advised to consult a qualified legal professional, such as Bisani Legal, for specific advice regarding data protection, privacy rights, or related legal concerns.
