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A Competitor Left a Fake Review: Your Options in Australia

Start with Google: a review a competitor posts to undermine your business breaches Google’s fake engagement rules, so report it from your Business Profile and track it in the review management tool. If that fails and the review is causing real harm, Australian law may give you further options, including a complaint to the ACCC or legal advice about defamation or misleading conduct.

This article is general information, not legal advice. Every situation is different. If you’re thinking about legal action, speak to an Australian lawyer.

Step 1: make sure it’s a competitor (as far as you can)

Fake reviews from competitors are real, but so are harsh reviews from genuine customers who just had a bad day. Before you act, check:

  • Your records. Search your bookings, sales and emails for the reviewer’s name and the date they mention.
  • The reviewer’s profile. Have they reviewed other businesses in your industry and area, especially with glowing reviews of one rival?
  • The timing. Did it arrive alongside other similar reviews, or soon after a dispute with a rival?
  • The wording. Does it mention things only someone in your industry would know, or push readers towards another business?

Write down what you find and keep screenshots. Use public information only. Don’t contact the reviewer or the competitor to accuse them; that can make things worse, and a public accusation that turns out to be wrong could expose you to a defamation claim yourself.

Step 2: report it to Google (free)

Google’s content policy for Maps reviews prohibits posting content on a competitor’s business to undermine its reputation, as part of its fake engagement rules. It also prohibits fake engagement, such as reviews from people who were never customers.

To report it:

  1. Sign in to the Google account that manages your Business Profile.
  2. Find the review on Google Search or Maps, open the three-dot menu next to it and choose the report option.
  3. Choose the reason that matches, such as conflict of interest.
  4. Track the report, and appeal if needed, in Google’s review management tool.

Our step-by-step guide covers this in detail: How to report a fake Google review.

While you wait, post a short, factual public reply: “We have no record of you as a customer and have reported this review to Google.” Don’t name or accuse the competitor in public.

Step 3: know what Australian law says about fake reviews

Australian Consumer Law and the ACCC

The Australian Consumer Law prohibits misleading or deceptive conduct in trade or commerce. The ACCC’s guidance for businesses on online reviews says businesses must not write or commission fake reviews, and this includes fake negative reviews about a competitor.

You can report a business you believe is posting fake reviews to the ACCC through its report page. Be realistic: the ACCC uses reports to decide where to act across the market, and generally doesn’t resolve individual disputes or get a single review taken down. It’s still worth reporting, especially if you can see a pattern.

Defamation

A fake review that makes false statements about your business may be defamatory. In general terms, and depending on your state or territory:

  • Larger companies usually can’t sue for defamation. Under Australia’s uniform defamation laws, a corporation generally can only sue if it has fewer than 10 employees and isn’t related to another corporation, or is a not-for-profit. Individuals, such as a sole trader or a named owner, can sue in their own right.
  • There’s a serious harm threshold. Since the 2021 reforms in most states, the person suing must show the publication caused, or is likely to cause, serious harm. For an excluded corporation, that generally means serious financial loss.
  • Time limits are short. Defamation claims generally must be brought within one year of publication.
  • Honest opinion is a defence. A genuine customer’s honest opinion is usually protected, which is why this route suits fake reviews, not harsh real ones.

Finding out who posted it

Anonymous reviews are a common problem. Australian courts have in some cases ordered Google to hand over information that may identify an anonymous reviewer, through a process called preliminary discovery. This costs money and needs a lawyer.

Businesses that can’t sue for defamation may have other options, such as injurious falsehood (a false statement made with malice that causes actual financial loss) or a claim for misleading or deceptive conduct against a competitor. Ask a lawyer whether either fits your situation.

Again: this is general information, not legal advice. Speak to a lawyer before you send a legal letter or start proceedings.

Step 4: protect your profile while you wait

  • Keep earning genuine reviews. Ask real customers to share their experience, without offering anything in return. Incentivised reviews breach Google’s policy.
  • Never fight back with fake reviews. Posting fake reviews about the competitor, or fake positive reviews about yourself, breaches Google’s policy and may be misleading conduct under the Australian Consumer Law.
  • Keep a log. Dates, screenshots, report statuses and replies. If it turns into a pattern, you’ll need it.

When to get help

If Google has rejected your report, or the review is one of several that look coordinated, a specialist can help you build a clearer policy-based case. Our Google Review Removal service works out which Google policy a review breaches, gathers the evidence and makes the request to Google. We’re not lawyers and we’re not Google: Google makes the final decision, and no one can guarantee a removal.

FAQ

Is it illegal for a competitor to leave a fake review in Australia?

It can be. The ACCC says businesses must not post fake reviews, including about competitors, and doing so may be misleading or deceptive conduct under the Australian Consumer Law. This is general information, not legal advice.

Will Google remove a review if I prove it’s from a competitor?

Reviews posted by competitors to undermine a business breach Google’s fake engagement rules, so a well-evidenced report has a real chance. Google still makes the final decision, and proof is often hard to show.

Can my business sue for defamation over a fake review?

Possibly, but most companies with 10 or more employees can’t sue for defamation in Australia, and there’s a serious harm threshold and a short time limit. Speak to a lawyer about your situation.

Should I report the competitor to the ACCC?

You can, through the ACCC’s online form. It helps the ACCC spot patterns, but it generally won’t remove a specific review or resolve your individual dispute.

Should I confront the competitor?

We’d advise against it. Accusations without proof can backfire. Report to Google, keep records and get legal advice if it’s serious.

Not sure what you’re dealing with?

Send us the review link and we’ll tell you whether it’s likely to breach Google’s policies, and which one. It’s free, and if we think it won’t qualify, we’ll say so. Get a free review assessment.

Sources

Defend your reputation today.

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