Regulating digital influencers through EU consumer protection law

Abstract

Social media influencer marketing has gained significant popularity in the field of advertising, consumer law and the protection of children and minors from potential manipulation. Social media influencers are perceived by consumers as trustworthy and individuals who they can relate to. With the growth of social media platforms like YouTube and Instagram, influencers now have a prominent role in influencing consumers transactional decisions. Considering the significant societal impact of social media influencer marketing, research in this area is necessary. The primary objective of this study is to provide a comprehensive understanding of the industry of social media influencer marketing. Including fundamental concepts, the key challenges introduced to the digital environment, the shift that social media has brought to society and e-commerce. As well as, how all these factors contribute to influence consumer transactional decisions. Furthermore, some of the key legal framework governing this field will be explored, by adopting a comparative analysis on the various approaches taken by different Member States as their way of regulating social media influencer marketing. This approach was beneficial as it allowed this study to highlight some of the gaps and limitations in this area. This dissertation focuses particularly on two key directives: the Unfair Commercial Practices Directive and the Audiovisual Media Services Directive. Lastly, this dissertation aims to provide some ideas on how we can effectively regulate this area and safeguard consumers interests moving forward.