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Fake review law in Australia, and what it means for your business

By ReputationKiln Editorial · Published

Australia has no single "fake review" law, but it does not need one, because the Australian Consumer Law's broad bans on misleading or deceptive conduct and on false testimonials cover the ground. Displaying fake reviews, arranging for others to create them, or suppressing genuine negative ones can all breach those provisions. And the stakes just rose: as of 28 March 2026, the maximum corporate penalty doubled to the greater of a hundred million dollars, three times the benefit obtained, or thirty per cent of turnover during the breach, with individuals facing up to two and a half million.

The Australian Competition and Consumer Commission enforces it, applying to the Federal Court for penalties, and it has been one of the most active regulators in the world on online reviews. What the law governs is the conduct; what it still does not do is pre-vet a seller for you before you buy.

Who enforces it, and the record

The ACCC's enforcement record here is real and worth knowing. As early as 2015 it penalised a removalist firm for posting fake testimonials. Its landmark case fined a serviced-apartments operator three million dollars for "masking" the email addresses of guests it expected to leave bad reviews, so the review platform never invited them, with liability found in late 2017 and the penalty ordered in mid-2018. Its 2024 sweep of social media and reviews found a large share of influencers making potentially misleading posts and a meaningful share of businesses with concerning reviews. One nuance to carry: a 2022 High Court decision narrowed when a search engine is treated as a publisher of linked material, so platform liability is more limited than older cases suggested.

What it means for you, and the limit

For an honest operator, the doubled penalties make the law a genuine deterrent against a rival who fakes, and the same conduct rules mean your own gating or suppression is a risk. The limit is the familiar one: enforcement targets patterns and businesses, not your single fake review, and the court route is for serious or coordinated harm. The recourse page has the practical steps.

Sources

  1. Maximum corporate penalties doubled to the greater of A$100 million, three times the benefit, or 30% of turnover, from 28 March 2026. — Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026. https://www.accc.gov.au/ · checked 2026-06-04
  2. A serviced-apartments operator was fined A$3 million for masking guest emails to prevent negative TripAdvisor reviews. — ACCC v Meriton. https://www.accc.gov.au/media-release/meriton-to-pay-3-million-for-misleading-consumers-on-tripadvisor · checked 2026-06-04