Legally Defining the Role of Influencers in Social Media Advertising

Baltezarević, Radoslav (2024) Legally Defining the Role of Influencers in Social Media Advertising. In: Tematski zbornik radova međunarodnog značaja / VIII međunarodni naučni skup Mediji, kazneno pravo i pravosuđe=Thematic Conference Proceedings of International Significance / VIII international scientific thematic conference Media, penal law and judiciary. Institut za uporedno pravo ; Institut za kriminološka i sociološka istraživanja, Beograd, pp. 415-428. ISBN 978-86-82582-12-0

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Abstract

As a result of buying the promoted goods or services, consumers are being exposed to a rising amount of deceptive advertising content, which is very often promoted by influencers in social media. Te quality or advantages of using these products and/or services are frequently exaggerated in these advertising statements, since today it has become very easy to manipulate images and videos with the help of applications that are widely available on the Internet. Consumers, on the other hand, are not always sure whether these are genuine personal recommendations or commissioned advertisements. Fortunately, aware of all the problems that such misleading advertising can cause for consumers, there are many foreign government initiatives to regulate this area legally. Legislation has recently been introduced in many countries (such as France, United Kingdom, and Norway), to which influencers have an obligation to disclose any connection to the business, products, or services that are being offered (and to adequately indicate and mark paid advertisement). Also, these laws mandate that any image in which the shape, size or skin of the body has been altered by retouching or other modifcations, must contain an “edited” mark. If there is a violation, influencers can face a fine or prison sentence of up to two years, or even a complete ban on their business. This obligation is emphasized in numerous rules and laws in developed countries as an effort to protect customers from unfair or deceptive activities when purchasing and using goods and services. This is certainly a path that should be followed by other countries, including the Republic of Serbia, in which, so far, little attention has been paid to this problem.

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