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submitted 1 month ago by MicroWave@lemmy.world to c/news@lemmy.world

A federal rule banning fake online reviews is now in effect. 

The Federal Trade Commission issued the rulein August banning the sale or purchase of online reviews. The rule, which went into effect Monday, allows the agency to seek civil penalties against those who knowingly violate it.

“Fake reviews not only waste people’s time and money, but also pollute the marketplace and divert business away from honest competitors,” FTC Chair Lina Khan said about the rule in August. She added that the rule will “protect Americans from getting cheated, put businesses that unlawfully game the system on notice, and promote markets that are fair, honest, and competitive.”

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[-] KoboldCoterie@pawb.social 105 points 1 month ago

allows the agency to seek civil penalties against those who knowingly violate it.

I hate that wording. Ignorance of the law isn't a defense, unless you're a corporation, apparently.

It also looks like this doesn't address the practice of offering incentive for actual purchasers to leave positive reviews.

[-] FPSkra@lemmy.world 65 points 1 month ago

That's not what knowingly means in this context. Knowingly refers to the level of intent required to pursue charges, not whether they knew there was a law against it.

In this case it requires the government to show that the person intended to leave a review and/or testimonials that misrepresent that they are by someone who does not exist.

[-] FundMECFSResearch 19 points 1 month ago* (last edited 1 month ago)

Anyways my brother works for the FTC. With the current funding, they take thousands of complaints before they even look into something. It’s effectively useless as only the most publicised cases get any enforcement and the fines are tiny. And he says it was twice as bad before Biden.

[-] xmunk@sh.itjust.works 14 points 1 month ago

The wording is a bit ambiguous but I'd read that as "intentionally" rather than "with knowledge they're violating the law"... it definitely could have used a good copy editor though.

[-] tiefling 10 points 1 month ago* (last edited 1 month ago)

That's not true, ignorance of the law is also a valid defense for police officers violating people's rights 🙄

[-] ryathal@sh.itjust.works 3 points 1 month ago

It's more than a defense, it's actually a benefit for police. Attempting to enforce rules that don't exist still count as valid pretext if they find evidence of actual crimes.

[-] mindaika@lemmy.dbzer0.com 3 points 1 month ago

It’s also pretty much impossible to prove, which of course is the point. The government exists to protect corporations

[-] Flocklesscrow@lemm.ee 73 points 1 month ago

Awesome, now make them criminally liable.

Corporations are people, no? Throw them in prison.

[-] mindaika@lemmy.dbzer0.com 25 points 1 month ago

IMO, corporate punishments should work like that: steal a little from someone? Lose 90 days of profit. Steal a lot? Lose a couple years of profits. Kill someone? Lose 20 years of profits

[-] Entertainmeonly 28 points 1 month ago

Jailing CEOs works better only because money is easy to manipulate. Loosing 20 years of profit just means bankruptcy. Make a new name new company buys all assets of bankrupt at fault company and nothing but the name changes. I'm with the idea that if companies have personhood than the person in charge is responsible for harm that personhood does.

[-] mindaika@lemmy.dbzer0.com 7 points 1 month ago

I wonder if having to face consequences for their actions would change how CEOs behave 🤔

[-] moakley@lemmy.world 5 points 1 month ago

The CEO would just be a fall guy, and the decision-making would go to someone else.

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[-] Wogi@lemmy.world 5 points 1 month ago

They tried that when McDonald's served coffee that gave an old woman 3rd degree burns on her genitals.

A single days profits from coffee.

McDonald's fought that in court, and spent many thousands of dollars on a PR campaign to vilify the woman they burned.

[-] Sabata11792@ani.social 4 points 1 month ago

Jail or volcano sacrifice. I'm sick of rich fucks being above the law and fines are just an expected, calculated, and bet against expense to a big business.

[-] AngryCommieKender@lemmy.world 15 points 1 month ago

"I will believe that corporations are people, once Texas executes one."

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[-] PugJesus@lemmy.world 42 points 1 month ago
[-] mosiacmango@lemm.ee 16 points 1 month ago

Give me 10 Lina Khans and I'll give you the world.

[-] FlyingSquid@lemmy.world 13 points 1 month ago

I wish she was the one running for president. Maybe in eight years if we're lucky and have Harris. And/or legal elections in four.

[-] nothingcorporate@lemmy.world 11 points 1 month ago

Lina Khan is the most useful bureaucrat in at least a generation.

[-] FrowingFostek@lemmy.world 39 points 1 month ago

I've said it once and I'll say it again. I love the work Lina Khan is doing. Its going to be so sad when Kamala gives her the boot :(

[-] Entertainmeonly 20 points 1 month ago

Why would Harris give her the boot? Khan was placed in position by Biden.

[-] Postmortal_Pop@lemmy.world 22 points 1 month ago

Its up for debate if she will, but a lot of big ticket donors are ~~bribing her~~ requesting it as a favor for donating to her campaign.

[-] Fedizen@lemmy.world 10 points 1 month ago

I thought most of those big donors were just straight up backing trump. I guess the tariffs got them down?

[-] Postmortal_Pop@lemmy.world 13 points 1 month ago

That or they pay both sides.

[-] pivot_root@lemmy.world 11 points 1 month ago

They definitely pay both sides. It's a small price for an almost guaranteed increase in profits.

[-] spankmonkey@lemmy.world 26 points 1 month ago

The Federal Trade Commission today announced a final rule that will combat fake reviews and testimonials by prohibiting their sale or purchase and allow the agency to seek civil penalties against knowing violators.

Oh good, glad they didn't ban obvious joke ones people post for free, like the top reviews for the 50 gallon barrel of lube.

[-] masterofn001@lemmy.ca 26 points 1 month ago

They can do it for reviews, why not news?

[-] ayyy@sh.itjust.works 9 points 1 month ago

The constitution is pretty clear about the power of government to regulate commerce, and is also pretty clear that the government can’t regulate most speech.

[-] masterofn001@lemmy.ca 2 points 1 month ago

Are fake review not speech?

[-] ayyy@sh.itjust.works 16 points 1 month ago

The “everything is speech” argument has been hashed out for centuries, and is a variation of reducto ad absurdum. It’s the same bullshit argument that has allowed unlimited bribery in politics because money is speech.

In this case, reviews are a form of marketing in aid of a sale, which is commerce. In that sector, there is no “free speech” because the constitution allows regulating most commerce. It’s the same as how you can’t sell a sugar pill that claims to enlarge your genitalia and clean your bedroom.

[-] 4lan@lemmy.world 3 points 1 month ago

Yes, but so is yelling "FIRE" in a movie theater or convincing a crowd to commit a crime. Yet it is illegal to do either of these.

You don't want true freedom, no one does. That is called anarchy

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[-] finitebanjo@lemmy.world 25 points 1 month ago

Some guy in India is gonna get fined $7,498,342.37 in three years and I'm all for it.

[-] HeyThisIsntTheYMCA@lemmy.world 12 points 1 month ago* (last edited 1 month ago)

Oh dude they literally had an activity at my old cult where they had everyone make a dozen fake reviews at each of their local buildings. That's gonna be fun.

[-] als 19 points 1 month ago

I'm sorry, "my old cult"? Care to give some background? Obviously if you'd rather not that's completely up to you :)

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[-] johannesvanderwhales@lemmy.world 6 points 1 month ago

And then he won't pay it because he's in India and doesn't pay a lot of attention to the US FTC.

[-] finitebanjo@lemmy.world 9 points 1 month ago* (last edited 1 month ago)

There is a very long history of expeditions and fines against foreign nationals involving spam, scams, etc. Here is a recent example., and another example, and a much older and bigger example

But you never hear about any of the good stuff the US Government does for its people, nobody ever talks about that stuff.

[-] Corkyskog@sh.itjust.works 4 points 1 month ago* (last edited 1 month ago)

I am surprised we don't have a PR/propoganda department either breaking even or making money on Netflix documentaries. It's like endless content.

It could actually be a cool way for some career civil servants to ger a little payout towards the end of their career.

[-] cocobean@sh.itjust.works 12 points 1 month ago
[-] prole 3 points 1 month ago
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[-] _haha_oh_wow_@sh.itjust.works 11 points 1 month ago

Better than nothing but it also seems like it might be kind of difficult to prove the company allowed it knowingly.

[-] FPSkra@lemmy.world 7 points 1 month ago

It prevented reviews and testimonials that misrepresent that they are by someone who does not exist. Fairly easy to prove. If they catch an individual posting a review while posing as anyone but themselves, It's a done deal.

[-] TimLovesTech@badatbeing.social 3 points 1 month ago* (last edited 1 month ago)

Well if you take a company like Amazon they know everything about you already, including if you actually purchased the item you are reviewing. And that should be a simple first "hurdle" for a reviewer to be legit. They already have a way of sorting them out and labeling them in place. So I would assume this means if you don't have that label your review doesn't go live. They can then add more qualifiers to prove they know the reviewers are real, since this seems to put the onus of proof on the company not that FTC.

Edit - some words

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[-] MehBlah@lemmy.world 8 points 1 month ago

What is going to happen? Will the FTC police gonna come and cart them away? No, it will continue and nothing will happen. FTC enforcement is just a few law suits away from being just like the SEC's enforcement. The SEC can't enforce anything these days without a long drawn out court battle.

[-] grysbok@lemmy.sdf.org 8 points 1 month ago

I just got a can of diet Coke in exchange for a 5-star review of a local eatery. I legit like the eatery, but would not have left a review without the bribe.

Is that a legit review or a fake one?

[-] ImADifferentBird 7 points 1 month ago

IMHO, if they'd give you the Coke for any review, regardless of rating, that's fine. If they demand a 5-star rating for the Coke, then that's no good.

Your review might have been honest, but not everybody else's who just wanted the Coke will be.

[-] Fedizen@lemmy.world 4 points 1 month ago

that is fake

[-] beetlejuice0001@lemmy.zip 4 points 1 month ago

You received an item for the review. That’s a bribe. Fake.

[-] dan@upvote.au 3 points 1 month ago

I'd say that's legit given you actually like the eatery. Would you have written the review if they had just nicely asked you to, without a payment of Diet Coke?

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[-] SoupBrick@yiffit.net 5 points 1 month ago
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this post was submitted on 22 Oct 2024
678 points (100.0% liked)

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