LIABILITY OF SOCIAL MEDIA INFLUENCERS IN DIGITAL MARKETING

Digital marketing

So, you have this celebrity that you are crazy about, let's say, somebody like Beyoncé, and have probably been following her on all the social media platforms she is on. One day, she made a comments or two about this beauty cream, and how it worked wonders on her skin, and she is recommending it to all her fans. You bought it and started applying it. Some days later, you had a terrible skin reaction. You went to the hospital and was diagnosed with one of these scary skin diseases. Worse, skin cancer! What would you do?

Social media marketing is one grey legal area, as they are little or no law regulating it. In cases where there are laws, it's only as regards intellectual property infringement, defamation, privacy invasion, etc. The question about the liability of the manufacturer or service provider is not our concern, as it's a clearly laid down principle that is codified that a manufacturer or service provider is liable for any harm caused by their product or service. Today, we will look at the liability of a social media influencer or personality. Additionally, we would be exploring tips on how a social media influencer can avoid liability by taking some due care or diligence.

WHAT IS SOCIAL MEDIA MARKETING

Social media marketing is defined on Wikipedia as the use of social media platforms and websites to promote a product or service. Although some people refers to it as e-marketing and digital marketing, the term social media marketing is more popular. Some of such networking platforms includes, Facebook, Instagram, Twitter, TikTok, MySpace, LinkedIn, Snapchat, Skype, Telegram, Pinterest, etc.

There are different tactics on advertising on social media. Our focus here is on an Active Approach Social Media Marketing tactic also called influencer marketing. It's a tactic where brands approach influencers to advertise their products and services through their social media platforms. This allows brands to reach their target audience in a more genuine way. Base on Mediakix data on Business Insider Intelligence estimates that brands will spend up to $15billion in influencer marketing by 2022.

WHO, THEN IS AN INFLUENCER? An influencer, according to Werner in Influencer marketing hub; is someone who has the power to affect other's purchasing decision because of their authority, knowledge, position or relationship with their audience, etc.

Social Media

THE REASONING BEHIND THE LIABILITY OF A SOCIAL MEDIAL INFLUENCER IN DIGITAL MARKETING

Since there is no law clearly regulating social media in Nigeria and most countries of the world. There will be nothing criminally wrong about any social media influencer or personality giving a false knowledge of a product or service on their social media platforms, especially knowing it falsity, or negligent as to the authenticity of such claims. Usually, fans who are aggrieved engage in bad mouthing or shaming such an influencer on social media. However, this may land a defamation suits on you if you tried it.

Looking at it generally, one would agree that, indeed, an influencer does not owe you a duty. Nobody expects you to go around social media believing everything you hear or see, hook, line and sinker. As a matter if fact, you owe yourself a duty to be "reasonable", not to allow social media to rule your life.

On the other hand, there is another view, which is the generation-Z view. This is the view of the current generation. In the 21st century world, where tech is at the tip of our fingers, and having a constant active presence on the different social media platforms. Living the lives of our so-called "role model," from social media, it will be right to say that our generation rely heavily on what we see and hear online in other to make decisions.

There is a plethora of examples to back up this fact. During the just concluded EURO 2020, the news about Christiano Ronaldo ( a popular Portuguese footballer) advising people to drink water rather than carbonated drinks such as coke went viral. The result was that coca cola company lost $4billion withing hours of the video going viral. That is a lot of money!!! These are true life event showing that influencers and indeed social media, dictates the lives of billions of people around the world. According to the January 2019, We Are Special report, 3,484billion people actively use social media, that is 45% of the world's population!!

Therefore, it can be argued that where a person who is a social influencer or personality, having great influence on the lives of so many people. it's only reasonable that such a person owes a duty to their fans or followers on social platforms, especially when it comes to advertising.

THE LIABILITY OF A SOCIAL MEDIA INFLUENCER IN DIGITAL MARKETING

The law always seeks to be careful in the process of providing law and order and doing justice, not to control every aspects of the lives of people. Hence, the law carefully intervene when the wrong done is substantial, or foreseeable lethal to a person or people. This begs the question, when can it be said that a social media influencer in social media marketing is liable. We will discuss this using two scenarios

in the first scenario, is a case of an influencer just advertising on the social media platforms, or maybe a brand ambassador, for example Kylian Mbappe (a popular French footballer) is a brand ambassador for Nike. Here, it's just a contract. "Pay me, and I will advertise for you. I will literally refer my followers to you, and leave them to your 'Mercy'. Whatever you do isn't my business, but yours. But, for the sake of my brand, please treat my followers well."

Remember, not every wrong is a subject for litigation. In this case, you can sue the manufacturer or service provider. It's doubtful if you can successfully litigate against the influencers. The rationality is that the social media influencer must have disassociate his/herself from the adverts through different means such as adding captions like #ad# (hashtag ad), or words used shows that it's only an adverts for the company. The equation is. Company + influencer + Fans (consumers) = Social Media Marketing

Second scenario, it's a case where the influencer has made comments or used words to approve or endorse a product or service. Here, the influencer must have reasonably believed that the product or service is not false. That is, he or she has exercised reasonable care to know such a product or service is not false. (the court will most likely look at the extent of falsity of the statement). Hence, if it's such that a reasonable social influencer in the business of digital marketing would know that the claims are false, then it's a clear case of liability. However, if the influencer knows of such falsity, and still went ahead to advertise. Then, it's a case of wilful intention to cause harm to another.

The words used by the influencer must be such that has placed him or her in the shoes of the producer. He has become one with them. An example, is where a celebrity goes to great lengths to advertise a skin products. Commenting on how it works, the skin type, endorsement, etc. The equation is like this Influencer-Company+ Fans (consumer) = a perfect social media influencer liability case. This is because the fans no longer see the company, but the influencer. They are persuaded and enticed by the words so much so that, they believe and put it into action. With the generation-Z's view in mind, This is usually the case, as they listen, read and believe everything that the influencer says or does .

TAKE AWAY

1) Countries should enact laws that regulates what happens on social platforms. With the amount of money generated there and the huge impact on people's lives, it's only reasonable for a law to guide people's relationship on social media.

2) Social Influencers should exercise reasonable care to check on product or service before marketing it. Social influencers should also be careful of words used in advertising. If they must advertise, they should use words that disassociate themselves from the company to show it is an adverts and not a personal recommendation.

3) Fans (consumers), especially the generation-Z should exercise reasonable diligence while on social media. And not to believe everything they see or hear. The amount of damages that the court may award will not take away the harm done to you.

4) Manufacturers and services providers should exercise reasonable care while producing goods and to ensure they get authorization and approval from regulating companies.

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The Taliban Takeover of Afghanistan and the impact on terrorism in Nigeria; Boko Haram

 INTRODUCTION

Terrorism is a threat to humanity, not only does it lack in peace, it also deteriorate education, progress and development in all the areas where it is present. The Taliban takeover of Afghanistan is a terror to everyone. In particular, to the Afghans, western countries, other neighbouring countries, but also for African countries, where terrorism has found a safe abode. Nigeria is not left out of this disease. Boko Haram, though has been announced defeated by the current administration of President Mohammadu Buhari, their attacks still continues in northern Nigeria. What future holds for us in the wake of Taliban rule in Afghanistan is a question that is worth some measures.

Who Are The Taliban

The Taliban, also called Islamic Emirate of Afghanistan (IEA), is a Deobandi Islamist movement and military organization in Afghanistan, currently waging war (an insurgency, or jihad) within the country. In 2017, the Taliban was estimated to have 200,000 troops. It emerged in 1994 as one of the prominent factions in the Afghanistan Civil war. It consisted of students from the Pashtun area of Afghanistan who have been educated in traditional Islamic schools, and fought during the Soviet-Afghanistan war.

Aims and Objectives of The Taliban

The Taliban emphasize spiritual and cultural difference between the west and the east. Denounces the west as oppressive against Islam, and condemned International forces as "occupiers" and "invaders". They portray the Government of Afghanistan as it's puppets and the reconstruction works as effort of making Afghanistan a Christian country. They stated that, they aim to restore peace and security to Afghanistan, including western troops leaving, and to enforce their own version of Sharia, or Islamic law, once in power.

THE TALIBAN IN AFGHANISTAN GOVERNMENT

The Taliban have had their own fair share of government experience from 1996-2001. They took control of government and it was the most devastating times in Afghanistan. Little wonder crowd filled up the Kabul airport in a bid to leave the country. Only those who have experienced their rule know how difficult living was.

Among the atrocities committed were; massacre against Afghans civilians, they denied UN food supplies to starving civilians, banned media and music, prevented girls from going to schools, banned women from having jobs outside of healthcare. The Taliban were responsible for 76 percent of Afghans civilians casualties in 2010, 80percent in 2011 and 2012. Now, you understand why the large crowd at the Kabul airport in Afghanistan on Monday.

Moreover, in December the Taliban offered their territory has a training camp of terrorist, and also provided a safe haven to Osama bin Laden, where he orchestrated the 9/11 attacks in the USA in 2001, killing about 3000 people.

In international relations; only three countries, Pakistan, Saudi Arabia, and United Arab Emirates had diplomatic relations with Afghanistan. After the 9/11 attack, only Pakistan maintain such relation. Almost all of the country assets in other countries was frozen.

On economic level; Afghanistan became the world highest supplier of opium, having a production and supply rates of over 70 percent. The country was an opium house. This was the major source of income since the economic was totally down.

Nevertheless, the US, in retaliation of the 9/11 attack invaded Afghanistan and routed the Taliban regime in October 2001. The Taliban leadership fled to Pakistan.

The Present Situation of Taliban Takeover of Afghanistan Government in 2021

In 2020, the Taliban signed a peace agreement with the US and entered into negotiation with the Afghan government. However, little progress has been made in the talk. Meanwhile, after a two decade long presence in Afghanistan, the US withdrew it's troops in the country as part of the deal. The Taliban launched an offensive that tripled the number of Afghan district under its control.

This is not all, as compare to before, the Taliban is more strengthen and sophisticated terrorist group. It is a threat to democratic institutions, citizen's rights and regional security. The group has withstood counterinsurgency operations from the world's most powerful security alliance, the North Atlantic Treaty Organization (NATO), the three US administration in a war that has killed more than 6000 US troops and contractors and over 1,100 NATO troops.

The Taliban, which has between 58,000 and 100,000 full-time fighters, is stronger now than at any point in the last 20 years. After they captured Kabul, the country's capital, it was reported that $83 billion dollars worth of American military training and hardware, including jets, guns, tanks, light weapons, SAM missiles, RPG's has fallen into the hands of the Taliban. The Taliban is now the world most sophisticated terrorist group ever!

IMPACTS Of THE TALIBAN TAKEOVER OF AFGHANISTAN IN WORLD TERRORISM

The Islamic state (IS) group militants, another terrorist organization, looking to find a new base after the defeat of their self-declared caliphate in Iraq and Syria is now a reality. History has shown that, the Taliban offering their territory as a safe haven for other terrorist organization.

Secondly, the return of Al-Qaeda is also inevitable. During their last takeover of government, the Taliban provided a safe base for Osama bin Laden Al-Qaeda, which planned the 9/11 attacks on the US in 2001, killing nearly 3000 people. An estimated 20,000 recruits from all over the world passed through Al-Qaeda's training camps, learning lethal skills and creating a terror learning centre, before they are dispersed back to their own countries.

Although the Taliban's focus is on ruling Afghanistan according to their strict interpretation of sharia law. But, other jihadist, such as, Al-Qaeda and ISIL may have different ambitions beyond those borders.

IMPACTS IN AFRICA; BOKO HARAM AS A CASE STUDY

Boko Haram is based in northeastern Nigeria, also active in Chad, Niger and northern Cameroon. Founded in 2002 by Mohammed Yusuf. The group was led by Abubakar Shekau from 2009 until his death in 2021, although it splitter into other groups after his death and also in 2015. Their main goal being to "purify" Islam in northern Nigeria. It formerly aligned itself with the Islamic state of Iraq and the Levant. Since its resurgence started in 2009, it has killed tens of thousands of people and displaced 2.3million from their homes. In mid 2010 was the world's deadliest terror group according to the Global Terrorism Index.

In July 2014, Abubakar Shekau, the leader of Boko Haram released a 16 minutes video where he voiced support for ISIL's head Abu Bake al-Baghdadi, Al-Qaeda's head Ayman al-Zawahiri and Afghan Taliban head Mullah Omar. in March 2015, Shekau pledged allegiance to ISIL head Abu Bakr al-Baghdadi. Though, Boko Haram splits have caused many factions to form out of the group they still have a connection with other terrorist organization, such as Taliban.

he Nigerian Government, has earlier announced the defeats of Boko Haram, but news about their attacks still looms the media. Their active presence in other neighbouring countries is something to look out for. The Taliban takeover of Afghanistan, will most likely serve has a morale boost to Boko Haram. Moreover, the Taliban may cause an international jihad. Afghanistan may be used as a training camp for new recruits. They may enter into a deal of supplying weapons and ammunition to other terrorist organization like Boko Haram.

The future still holds so much for us. But every minute we use planning, defending and strengthening our Nigerian Army for possible terrorist attack will be a wise move by the Government.

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IPOB sit at home order and the Right to freedom of movement

 Does the Recent Mandatory Sit _at_home Order by IPOB in eastern Nigeria States supersede the Right to Freedom of Movement

On August 9th, 2021, the Indigeneous People of Biafra (IPOB), a secessionist group in eastern Nigeria ordered a weekly sit_at_home exercise across the eastern states in solidarity with its detained leader; Mazi Nnamdi Kanu's who was brought back to Nigeria in a controversial manner by the federal government, and is standing trial at the Federal High Court, Abuja. He is facing charges bordering on treasonable felony instituted against him in response to years of campaign for the independent of Republic of Biafra.

The Right to Freedom of Movement enjoys a constitutional force and is entrenched among the Fundamental Human Rights of Nigerians. The concept of the right differs by country. In Nigeria Constitution, for example, it's guaranteed only Nigerian citizens. In South Africa, it's guaranteed to everyone within the territory of South Africa. This write up will put emphasis on right to move freely only and not other context of the Right to Freedom of Movement.

INTRODUCTION

The very first characteristics of living things is movement, as seen in the basic biology acronym MR_NIGERD. This is because, living things, especially human beings move around for survival, to acquire basic needs such as food, shelter, clothing, etc. This right is a prerequisite for the enjoyment of other human rights, for example, Right to Life and Liberty.

WHAT IS THE SCOPE OF THE RIGHT

The draftsman of the 1999 Constitution, which is the highest law in Nigeria, included these rights as part of the Fundamental Human Rights as seen in Section 41 (1) of the 1999 Constitution. "Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry" thereto or exit therefrom". This does not mean that non-Nigerian citizens have no right to enter Nigeria or move freely to Nigeria or exit Nigeria. It means that these rights are not guaranteed them as a constitutional right as guaranteed to citizens of Nigeria.

Cases where this has been applied are

1) Re Williams v Majekodunmi: The court held in this case that a Restriction Order of 29th May, 1962, which limited Chief F.R.A. Williams within a distance of three miles from his house was an infringement of his right to move freely within Nigeria.

2) Goriji_Dinka v Cameroon: The Human Rights Committee found a violation of the right to freedom of movement where a person was put under house arrest.

Other contexts of these rights include; The right of every citizen to move freely within Nigeria; right to reside in any part of Nigeria; right to be expelled from Nigeria; right not to be refused entry into Nigeria; right not to be prevented from leaving Nigeria.

LIMITATION AND RESTRICTIONS ON THE RIGHT TO FREEDOM OF MOVEMENT

The right to Freedom of Movement is not absolute. Section 45 (1) of the same Constitution provides a limitation to it by any law that is reasonably justifiable in a democratic society in cases where it's in the interest of defence, public safety, order, morality or public health or for the purpose of protecting the rights and freedom of other people.

This justifies restrictions on freedom of movement of suspect and convicts, in terms of detention, imprisonment. Also, justifies the imposition of curfew and restrictions of a person's movement to a particular place, restrictions on exist of citizens to enemy countries. 

An example of a case is Faith Okafor v Lagos State Government: Here the Court of Appeal held that restrictions of freedom of movement for environmental sanitation on the last Saturday of the month was unconstitutional. It turned out that there was no law limiting the right to movement in the case, it was only a mere directives by the governor.

COMPARISON BETWEEN THE MONDAY SIT_AT_HOME ORDER AND THE RIGHT TO FREEDOM OF MOVEMENT

In light of the above analysis, the sit_at_home order is a restriction on the right to freedom of movement. Although the reasons given of it being a solidarity exercise for Mazi Nnamdi Kanu sounds empathetic. It's unconstitutional, as it doesn't fall within the provisions of the Constitution; that is the right to freedom of movement can be derogated by a law that is reasonably justifiable for the interest of defence, public safety, etc. The sit_at_home order is not a law made by the government, but a directive given by IPOB.

This notwithstanding, the directive has been observed judiciously in all the eastern states of Nigeria in solidarity of Mazi Nnamdi Kanu. The observation of the order is most times kept by fear of violence, as some armed men are seen in public areas like markets, where they shoot guns to scare traders and others around to run home. On the other hand, on 16th of August, 2021 the sit_at_home directives was reportedly suspended by IPOB saying that the civil action will now hold on the days it detained leader, Mazi Nnamdi Kanu appears in court. This implies that the next sit _at_home will be on October 21st, 2021. Ironically, those who went about their daily business ran back home, as it was heard that some armed men went through some places in Enugu, shooting sporadically to scare people to go home.

People living in eastern Nigeria are not sure when this situation will end, or at what stage the states government will intervene. We however, pray that the federal government will do justice by Mazi Kanu, so that peace can be restored.