FTC’s New Rule Banning Fake Reviews Could Cover Review Bombing – As Well As Content Creators And More

The FTC has become strangely more visible in video game news as of late. That was mainly because of their failed attempt to block the Microsoft Activision deal. But there’s something else the FTC has done recently that we may not have realized would affect video games until now.

Reuters reported that all five FTC commissioners unanimously voted to adopt new rules banning fake reviews, all the way last July. Because of the way new FTC rules are implemented, I took this long before the new rules came into effect.

Because of that, DualShockers reported only now that these new rules could affect the world of videos games as well. It’s not entirely clear that the FTC realized the full consequences of the rules they had selected, so let’s review the rules to figure this all out.

The rule’s clause about fake reviews is the most pertinent here. This is the text of that clause:

“The final rule addresses reviews and testimonials that misrepresent that they are by someone who does not exist, such as AI-generated fake reviews, or who did not have actual experience with the business or its products or services, or that misrepresent the experience of the person giving it.

It prohibits businesses from creating or selling such reviews or testimonials. It also prohibits them from buying such reviews, procuring them from company insiders, or disseminating such testimonials, when the business knew or should have known that the reviews or testimonials were fake or false.”

As DualShockers argues, this rule could be used against review bombers. The intent of the rule is to protect against companies that might plant a review. In mobile gaming, reports of fake reviews date to nearly a decade ago. Ostensibly, companies could engage in such activity in places that allow user reviews, such as MetaCritic or Steam.

But, we know that gamers themselves can often engage in review bombing, AKA dropping low score reviews for games in large numbers as a way to attack or criticize a game or the company that made it.

Now, sometimes, that sort of activity could be a targeted attack, by a person or a group of people with an agenda. But it’s also common that groups of gamers could just organically choose to do the same thing, especially since gamers do it so frequently.

So the question arises, will the FTC go after review bombers if there is proof that there was an individual or a group who deliberately organized that activity? And would they go after a broader group of gamers who did review bombing?

It’s possible that as a consequence of this, Valve might fix Steam so that it would no longer be possible for users to drop reviews for games they hadn’t played yet. They may even feel pressure to remove user reviews altogether.

But then, there are other possible applications for this rule too. Of course, game companies and content creators may have to change the way they work together. The grey area some YouTubers and streamers engage in when it comes to their video game reviews may have also been rendered illegal.

Other clauses in the FTC’s rule cover buying positive or negative reviews, insider reviews, review websites owned by the same company, and review suppression. These are all things that the FTC probably saw to be targeting businesses. But of course, we know very well that gamers could engage in some of these behaviors as well.

So, don’t be surprised if you see big changes to the way video game websites handle user reviews, and how your favorite YouTubers and content creators make videos and do business in the future as well.

This isn’t to presume guilt on all parties we mentioned here. We’re just pointing out everyone will want to shift around to avoid trouble with regulators like the FTC. After all, even Microsoft has to reckon with them.