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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