#InfluencerMarketing #influencer the regulations of the Advertising Regulatory Board (ARB) have been doing the rounds for quite sometime now, but if you are not aware here is what (brand) influencers need to know:
Ordinarily the brand which approaches you should approach you with an influencer agreement which will clearly state your obligations as an influencer and should naturally include the advertising regulations of the ARB. Please read your agreement to make sure it’s all there.
In the event that you do not have an agreement 🚩 you can still just carry on with this thread and ensure that you protect yourself as brand YOU! As we were taught in law school “ignorance of the law is no excuse” so you can’t avoid liability just because you were unaware.
ARB broad definition of an influencer: “…a person with the ability to influence potential buyers of a product or service by promoting or recommending the items on social media…”
Where a financial investment is involved, the parties to the agreement have to abide by the Code of Conduct term “Declaration of Advertising”. This clause exits to ensure full transparency...
...and advertisers are required to disclose if content is part of a Social Media Advertising campaign as opposed to purely Organic Social Media.
Where paid advertising may reasonably appear to the consumer to be the unsolicited opinion of the influencer or platform, then the material must be clearly identified as Paid Advertising through the use of supported Social Media identifiers: #ad #sponsored #advertisement
Where there is no financial exchange then the parties must abide by the term: “Declaration of Goods Exchanges”. It exists to ensure full transparency, influencers are required to disclose if they were provided with goods or services in return for media coverage.
In short, influencers are expected to disclose their relationship whether it is money or goods that has been exchanged. Failure of this may result in the influencer paying a fine or may face criminal liability if the products they promote are governed by other legislation. [End]
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