The Case for Increased Responsibility and Liability of Brands in Social Media Influencer Marketing

Abstract

Within the domain of social media influencer marketing, the issue of brands’ responsibility and liability when commissioning influencers to endorse their products has gained significant attention in recent years. As the use of influencers continues to grow and evolve, it becomes imperative to examine the role of brands in ensuring transparency and compliance with applicable rules. This Article illuminates the essential measures required to cultivate responsible and ethical practices within the influencer marketing ecosystem by analysing existing regulatory and platform governance frameworks, prominent case law, and diverse perspectives across jurisdictions. The underlying objective is to present the case for increased responsibility and liability of brands.

Keywords: Influencer, Social Media, EU Law, Law and Technology, Platform Governance, European Consumer Law