One morning you open Google and find a 1-star review on your agency. “Terrible service, incompetent guide, total scam.” You don’t recognize the name. You never served that client. Or you do recognize them, and you know the story is fabricated. Welcome to the world of fake reviews — the most underestimated problem in Italian incoming tourism.
This article is for travel agencies, tour operators and DMCs — especially those who opened recently and don’t yet know how to defend themselves. Because a fake review can destroy months of work in 30 seconds. But Italian law gives you concrete tools to fight back.
When a negative review becomes a crime
The right to criticism exists and is constitutionally protected. A dissatisfied client can write that the tour wasn’t great. That’s legitimate. The review becomes illegal when:
- Contains false facts — attributes behaviors that never happened
- The reviewer was never a client — competitor, ex-employee, troll
- Uses gratuitous insults — attacks the person, not the service
- Attributes specific crimes without evidence — “scammers”, “thieves” = aggravated defamation
Article 595 of the Italian Criminal Code: aggravated defamation
Art. 595 punishes anyone who offends another’s reputation by communicating with multiple people. Base penalty: up to 1 year imprisonment or fine up to €1,032. When the offense occurs via the internet, the publicity aggravant applies: 6 months to 3 years imprisonment or minimum €516 fine.
Beyond criminal law: civil damages for reputational harm and lost clients. If the reviewer is a competitor: unfair competition (Art. 2598 Civil Code).
How to respond publicly to a fake review
Rule one: stay calm. Your response will be read by future potential clients. Template: “Dear [name], we have checked our records and find no booking under your name. The circumstances described do not match any service we provided. We invite you to contact us directly at [email]. Otherwise, we reserve the right to protect our reputation through appropriate legal channels.”
How to report on Google
- Open Google Maps, find your business listing
- Click the three dots (⋮) next to the review
- Select “Report review”
- Choose: “Off topic”, “Spam”, “Conflict of interest” or “Doesn’t reflect a genuine experience”
- Google reviews within 5-14 business days
- If rejected: appeal via Google Business Profile Support
How to report on TripAdvisor
- Log into the TripAdvisor Management Center
- Go to “Reviews” and find the fake one
- Click “Report a problem with this review”
- Fill out the form explaining the violation
- Attach documentation (booking records, communications)
- TripAdvisor typically responds within 30 days
Legal removal: the 3-step process
Step 1: Gather evidence
- Screenshots with visible date and time
- Verify records: reviewer was never a client
- Preserve any prior communications with the author
- Identify the author via their social profile if possible
Step 2: Legal cease-and-desist letter
Your lawyer drafts a formal demand letter to the author and/or the platform, citing Art. 595 of the Criminal Code and requesting immediate removal of the defamatory content.
Step 3: Criminal complaint and/or civil action
- Criminal complaint within 3 months of discovery, for aggravated defamation under Art. 595
- Civil damages action for reputational harm, with court-ordered removal
- Mandatory civil mediation (D.Lgs. 28/2010) — often the mediation summons alone convinces the author to remove the review
Other platforms: Booking.com, Facebook, Yelp
Booking.com — Reviews tied to real bookings, so fakes are rarer. Contest via Extranet within 30 days. Facebook — Report as “Spam” or “Offensive”; if that fails, legal demand letter. Yelp — Report via Business Owner portal.
Prevention: protect your reputation before it happens
- Actively ask satisfied clients for reviews
- Respond to ALL reviews — positive and negative
- Monitor weekly with Google Alerts on your business name
- Document every service with end-of-tour reports
- Invest in verifiable quality: a Mystery Guest service gives you an objective report to counter any unfounded review
The operational manual for agencies and tourism professionals
The Tour Leader Guide 2026 includes a dedicated chapter on online reputation management and legal protection. 28 chapters, 45 real case studies.
This article is for informational purposes only and does not constitute legal advice.