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

Journal of European Consumer and Market Law (Forthcoming)

23 Pages Posted: 19 Feb 2024

See all articles by Felix Pflücke

Felix Pflücke

Universite du Luxembourg - Faculty of Law, Economics and Finance; University of Oxford - Faculty of Law

Date Written: February 12, 2024

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

Suggested Citation

Pflücke, Felix, The Case for Increased Responsibility and Liability of Brands in Social Media Influencer Marketing (February 12, 2024). Journal of European Consumer and Market Law (Forthcoming), Available at SSRN: https://ssrn.com/abstract=4723099 or http://dx.doi.org/10.2139/ssrn.4723099

Felix Pflücke (Contact Author)

Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )

Bâtiment Weicker (Bureau C221A), 4 rue A. Weicker
Luxembourg, L-2721
Luxembourg
003524666445244 (Phone)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Rd
Oxford, OX1 3UL
United Kingdom

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