Can You Use a Customer’s Name and Face From a Public Review?
A glowing Google review can look like ready-made marketing material. It may include the customer’s full name, profile photograph, business experience and a few sentences that would fit perfectly on a website, social media advertisement or testimonial landing page. However, public visibility does not automatically give a business unlimited permission to reuse those details.
In Australia, the legal position depends on several factors: how the review was published, whether the person is identifiable, how the testimonial will be used, what the platform’s terms allow and whether the customer has agreed to the proposed use. A review displayed on Google is different from a customer-recorded video supplied directly to a company for advertising.
The safest approach is to treat a public review as an invitation to start a permission conversation, rather than as a complete release. Written consent can clarify the customer’s identity, image, words, channels, editing rights and the period of use before the testimonial becomes part of a campaign.
| Material or use | General risk level | Safer business approach |
|---|---|---|
| Reposting a review within the original platform | Lower | Follow the platform’s rules and avoid implying wider endorsement |
| Quoting the review on your website | Medium | Ask for written permission and preserve the meaning |
| Using the customer’s name and profile image in an advertisement | High | Obtain specific advertising consent and confirm image rights |
| Turning a review into a video or graphic | Medium to high | Approve the script, design, edits and intended channels |
| Using a review from a minor or vulnerable person | High | Get permission from a parent or legal guardian and use extra care |
Public Visibility Is Not Unlimited Marketing Consent
A review is public in the sense that other users can view it on a platform. That does not necessarily mean the reviewer agreed for a business to copy their words, download their photograph, place their identity in a paid Facebook campaign or associate them with a new claim. The original context matters.
A person might have reviewed a café in Brisbane because they enjoyed a single meal. Reusing that review beside a statement that the customer “recommends the business for all catering needs” could broaden the endorsement beyond what they actually said. Editing, shortening or combining comments can also create a misleading impression.
Platform terms may grant the platform certain rights to host or display user content, but those terms do not always provide a business with a separate marketing release. Google, Facebook, Instagram and review websites have their own rules about copying, commercial use and advertising. A business should check those rules instead of assuming that a public profile photograph is free promotional content.
Copyright can also be relevant. The reviewer may own copyright in original written words or video footage, although short phrases may raise different questions about originality. The platform may have a licence to display the material, but that is not the same as a direct licence from the customer to your company.
How Australian Law Shapes the Risk
Australia does not generally have one broad, standalone publicity right that works exactly like the image-rights laws in some United States states. That does not make unauthorised use risk-free. Privacy obligations, consumer law, confidentiality, passing off, misleading conduct, copyright and contractual terms can all become relevant.
The Privacy Act 1988 and the Australian Privacy Principles may apply when an organisation covered by the Act handles personal information. A person’s name, photograph, review history and opinions can identify them or contribute to an identifiable profile. APP 6 limits the use and disclosure of personal information for a secondary purpose unless an exception applies, such as consent. Small businesses may be exempt in some circumstances, but the exemption is not a reason to disregard fair and careful handling of customer information.
The Australian Consumer Law also matters. A testimonial must represent a genuine customer experience and must not create a false impression about results, expertise or the nature of the relationship. A business in Sydney that places a customer’s review beside a “best in Australia” claim may create a different overall message from the original review. The Australian Competition and Consumer Commission has repeatedly treated fake, edited or misleading testimonials as a serious issue.
The customer’s contract with the review platform may add another layer. A platform can remove copied content, restrict commercial reuse or suspend accounts. State and territory rules may also affect related activities, such as recording conversations or collecting video in a workplace. When the proposed campaign is substantial, legal advice from an Australian privacy or advertising solicitor is sensible.
What Permission Should Cover
A casual message saying “Can we use this?” is better than silence, but it may leave important details unresolved. Consent should identify the exact review, the customer’s name, the photograph or video involved, the business receiving permission and the intended marketing purposes.
Explain where the material may appear: a website, email, printed brochure, Google Business Profile, organic social post, paid advertisement, sales presentation or third-party marketplace. A customer who agrees to a website testimonial may not expect their face to appear in a retargeting campaign shown repeatedly to people across Melbourne or Perth.
The permission should also address editing and duration. State whether you may shorten the quote, correct spelling, add subtitles, crop the image, translate the wording or combine it with other content. Specify whether the licence is limited to Australia, worldwide, a fixed period or the life of the campaign. Keep the record with the source review and the final approved version.
A useful consent request can be brief while still being precise:
- Identify the review, photo or video that will be used.
- Describe the channels, audience and advertising purpose.
- State the proposed name, job title, business name or location.
- Explain editing, resizing, captioning and translation rights.
- Record whether permission is revocable and how withdrawal will be handled.
For a customer video, use a release that covers the recording itself, the person’s voice and likeness, the supplied words, music or background material, and any people visible in the frame. If a staff member appears alongside the customer, obtain that person’s permission as well.
Handling Images, Names And Customer Stories
Using a full name and face creates a stronger endorsement than quoting an anonymous review. The combination can identify the person, connect them with a commercial message and encourage viewers to infer that they have an ongoing relationship with the company. Use only the information needed for the marketing purpose.
Consider whether a first name, initial, suburb or business title is enough. A customer in Adelaide may be comfortable with “Jordan, Adelaide” on a case study but not with their full name, employer and profile picture in a national campaign. Do not publish extra personal details from the customer’s account merely because they are visible.
Before publishing, send the proposed creative to the customer for approval where practical. This is particularly useful when the review is being transformed into a graphic, voice-over or edited video. The customer should be able to see the headline and surrounding claims, since context can change the meaning of their words.
Businesses that want to turn feedback into reusable marketing assets can use a structured testimonial workflow. For example, guidance on user-generated video can help teams think about consent, creative formatting and the difference between an authentic customer story and an unapproved advert.
Managing Risk Before The Testimonial Goes Live
A permission record should be easy to retrieve. Save the customer’s message, the date, the exact wording of the agreement, the approved image and a copy of the final asset. If approval was collected through a form, keep the form version and any terms displayed at the time.
A simple internal review can catch problems before publication:
- Confirm that the reviewer is a real customer and the statement is genuine.
- Check that the image belongs to the customer or has a valid licence.
- Compare the final wording with the original review.
- Remove unsupported claims about savings, outcomes or popularity.
- Confirm that the platform and advertising format permit the use.
A business should also have a removal process. If a customer withdraws permission, assess the request promptly, pause scheduled ads where possible and remove assets from controlled channels within a reasonable period. Withdrawal may not erase every historic impression, screenshot or third-party copy, but a responsive process reduces escalation.
Higher-risk cases deserve extra review. These include healthcare experiences, financial hardship, children, domestic violence services, immigration matters, employment disputes and testimonials that reveal sensitive personal information. A customer may have posted publicly while under stress and later regret having their story used commercially.
When A Review Is Not Enough
If a customer does not respond to a permission request, do not treat silence as approval. You can usually continue displaying a review through the platform’s ordinary functions, subject to the platform rules, but copying it into your own advertising creates a separate decision. When consent cannot be obtained, consider using an anonymised theme rather than the person’s words, name and face.
Do not pressure customers by suggesting their service will be affected if they refuse. Consent should be voluntary and informed. Offering a small incentive for a new testimonial can be lawful, but disclose the incentive where required and ensure that the resulting statement remains honest. Incentives should not require positive wording or suppress genuine criticism.
If a customer later disputes the use, preserve the original permission record and stop making the disputed material more prominent while the issue is assessed. A practical response may include removing the asset, correcting an inaccurate caption, contacting the customer directly and checking whether a regulator, platform or legal representative is involved.
For teams that monitor online reputation across several channels, review management support can help organise feedback and identify which comments may require a permission step before being reused. Automation can assist with workflow, but it should not replace a human check of consent, context and personal information.
Building A Permission-Based Testimonial System
The most reliable process begins when feedback is collected directly. Add a clear permission option to a testimonial request, asking whether the customer agrees to use of their words, name, photograph, video and business details. Separate optional marketing consent from the basic request for feedback so customers understand what they are accepting.
Create different releases for different purposes. A case study, organic social post and paid advertisement have different reach and commercial impact. A single general clause may be difficult to interpret, especially when a customer agreed months earlier and the company later expands into new channels.
Keep a register showing who approved each asset, what they approved and when permission expires. Link the record to the live webpage, campaign file and source review. Review old testimonials when a customer changes jobs, asks for removal or the business changes its brand and advertising strategy.
The strongest social proof is credible because it is accurate, permissioned and presented in context. A public review can be an excellent starting point, but a direct customer release gives the business much clearer rights and gives the reviewer a meaningful opportunity to control how their identity is represented.
Before using a reviewer’s name or face, obtain specific written permission, verify every claim and store the approval with the final creative. VidScout can help your business collect, organise and share consent-based text and video testimonials through a repeatable workflow. Sign up for free and start building social proof that customers have clearly agreed to support.