Arabic version: أستراليا تحظر شهادات العملاء المزيفة

According to The Guardian, Australian businesses cannot use fake images or testimonials while presenting them as reviews from real customers. Australian Consumer Law prohibits false or misleading claims and requires representations about goods and services to be accurate, truthful and based on reasonable grounds.

The issue was raised after a person reviewing NannyLane Australia’s website found that an image attached to a glowing testimonial, attributed to “James & Emily T” from Sydney, appeared in a stock-image search. NannyLane describes itself as “the Uber for Nannies”.

Guardian Australia contacted the company with details of the concern and a link to the stock image. Co-founders Julie and Patrick Menary said placeholder images and sample testimonials had inadvertently remained visible during the build of a new website. They said the material had been removed and described it as a production error with no bearing on the care provided by its nannies.

Intent is generally not decisive under the law. If a business publishes a false review and relies on it as a representation of its services, that can constitute a false or misleading claim. The law also specifically bars a business from making a false or misleading representation that purports to be a testimonial about goods or services.

The Australian Competition and Consumer Commission advises consumers to first try to resolve concerns directly with a business. If it does not respond, consumers can contact the ACCC with a description of the issue and relevant material. The regulator has previously acted over misleading testimonials: removalist business Citymove paid a $6,600 penalty in 2011 and a further $30,600 penalty in 2015 over related infringements. Consumers are advised to treat online reviews cautiously and report suspicious material.