Influences promoting healthy and sustainable lifestyles need to be more regulated to protect consumers, according to a study published in the Journal of Consumer Policy.
There are many gaps in the current EU consumer protection measures created to regulate the practices of content creators promoting healthy products and services. The information shared reaches many consumers on social media and potentially contributes to changes in their behaviour.
The authors suggest stricter rules to allow freedom of speech but protect consumers against incorrect information. Suggestions include the need for influencers to clearly state their legal status as professionals when paid for the work. This would increase their legal protection, help provide more training on their legal rights and obligations, and create codes of conduct. In addition, if content creators just focus on claims issued to them by the brands they use, the brands should be responsible for any misinformation rather than the influencer. However, this would not be the case if content creators have more creative control over the information shared with their audience and started their own sustainable claims.
“How and what influencers communicate to their users will be influenced by the social media platforms they use and their relationships with brands they represent. When they receive marketing materials for a product they are to promote, they may not always be able to question and verify this product information,” said Professor Joasia Luzak from the University of Exeter. “Content creators may then inadvertently misinform their followers simply because they do not have access to the relevant information. However, unreliable content may also reflect a lack of due care.”
Current rules say influencers are not allowed to mislead consumers by action or omission and are responsible for breaching guidelines by themselves or with the brand they represent. However, these guidelines only apply when content creators’ commercial activities are “frequent” on their social media channels. The authors claim that this frequency requirement doesn’t account for influencers using various social media channels, and non-monetised content. This also overlooks the fact that even a single commercial post could cause consumer harm. The team would prefer that the regulation would not rely on the use of “frequent” posting of monetized content to qualify as traders engaging in commercial practices.
Online content creation should be a professional activity, regardless of whether influencers receive payment. For the authors, the determining factor should be the commercial intent of sharing information. Registration of this professional activity should be required in the Member States, otherwise, content creators feel that they’re free free of obligations imposed by the current European consumer protection. If content creators are seen as legally responsible alongside brands, consumers will have more opportunities to claim compensation for any potential damage. This would also mean that influencers are more likely to ensure they can justify any claims with the brands providing them with promotional materials.
Luzak, J. 3Rs of Sustainable Activism on Social Media: Relatability, Reliability and Redress.J Consum Policy (2024). https://doi.org/10.1007/s10603-024-09574-x