Influencer advertising on social media

 

The number of campaigns using influencers is reported to have doubled in 2018.  This was particularly on Instagram which prevailed as the platform of choice for the vast majority of influencers. With numerous fashion brands set to significantly increase their budgets on influencer marketing for 2019, this social media phenomenon is gathering momentum in the fashion world on a global scale.

As we pointed out in our article, Fashion Influencers: The Legal Side, there are legal implications to brands using influencers which brands should take into consideration.  In January 2019, following prior warnings that their social media posts could be breaching advertising and consumer laws, 16 celebrity influencers gave undertakings to the Competition and Markets Authority agreeing to change their social media practices. Following this, the CMA published guidelines on compliance with the law when endorsing products, brands or services on social media. 

Prior to this, in September 2018, the Advertising Standards Authority, a self-regulatory organisation that oversees advertisements in the UK, published guidelines. These guidelines are addressed to influencers and highlight obligations under UK advertising laws and what may be done concerning compliance with those laws.

The publication of these influencer-specific guidelines is part of a wider international trend where various advertising and regulatory bodies within their respective countries have issued their own guidelines, often specifically addressing influencer marketing and social media blogging. These guidelines also highlight how brands and influencers may comply with the law in respect of social media content.

This page provides a comparison of advertising regulators’ guidelines on influencer marketing in various countries. Please click to find out more.

Disclaimer and local legal advice

The information regarding different countries’ laws, regulations and guidelines should be used for general information purposes only. We are not qualified to advise on the laws of any jurisdiction other than England and Wales. Please also refer to our website legal disclaimer.

We do have an extensive overseas network of lawyers who can provide specialist foreign local legal advice. If you would like to find out more about laws concerning social media in a particular country, please be in touch with a member of our Fashion Law team so that we can assist you further.