Influencer Marketing on Instagram and TikTok: Entertainment or Deception?

31 Pages Posted: 26 Mar 2024

See all articles by David A. Hyman

David A. Hyman

Georgetown University Law Center

David J. Franklyn

Golden Gate University - School of Law

Leo Yang

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Mohammad Rahmati

Sharif University of Technology

Date Written: April 1, 2024

Abstract

Influencers routinely promote goods and services to their followers on Instagram and TikTok. Federal law requires influencers to “clearly and conspicuously” label content for which they are paid, but the social media environment deliberately blurs the lines between paid and unpaid content. We study whether Instagram and TikTok users can identify paid influencer marketing content from six different influencers. On average, 29% of respondents believed paid marketing content from six different influencers were not paid ads and 8% were unsure, with significant variation by influencer. The labeling used by influencers to identify influencer marketing content is not consistent – let alone clear and conspicuous. There is also considerable heterogeneity in how respondents interpreted the labels that are being used by influencers. We also find evidence of two-way blurring; on average, 29% of respondents thought unpaid influencer content on Instagram and TikTok were paid ads, and 9% were unsure, with significant variation by influencer. Influencer marketing on Instagram and TikTok involves a significant risk of deception that is not adequately addressed by current policies.

Keywords: influencer marketing, deception, native advertising

JEL Classification: k19, k28, k42

Suggested Citation

Hyman, David A. and Franklyn, David J. and Yang, Leo and Rahmati, Mohammad, Influencer Marketing on Instagram and TikTok: Entertainment or Deception? (April 1, 2024). Arizona State University Sandra Day O'Connor College of Law Legal Studies Research Paper No. 4730850, Available at SSRN: https://ssrn.com/abstract=4730850 or http://dx.doi.org/10.2139/ssrn.4730850

David A. Hyman (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

David J. Franklyn

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

HOME PAGE: https://www.ggu.edu/shared-content/faculty/bio/david-franklyn

Leo Yang

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

Mohammad Rahmati

Sharif University of Technology

Tehran
Iran

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