Lately, many influencers have brought a debate about their responsibility towards their subscribers and their impact on society.
Let’s start with the legal side
For the influencers, the basic principles to respect are the general rules applicable to advertising: informing your community that a post is an advertisement. If this is not the case, it will be considered a misleading commercial practice.
This principle is not new but the sanctions are very recent, this is due to the increase of influencers present on the networks these last years. The most explicit example is the one of the influencer Nabilla Benattia-Vergara who was fined 20,000 euros following an advertisement for a stock exchange service without indicating the contractual character binding her to this company.
Do you remember the fake travel agency promoted by many influencers which made a big buzz on Instagram? This one was selling trips at low prices on social networks, defying all competition. Too good to be true. Plot twist: it was a fraud.
How do you frame your collaborations as a brand?
The first thing is to make sure that the classic intellectual property rules are in place. The person who took the picture and created the content is the owner. This must be written into the contracts between brands and influencers.
Very often, conflicts can be found. For example, if the number of stories to be shared or the periodicity of publications is not stipulated, the influencer can sue the brand concerned. It’s similar to working with an artist (photographer, designer…), you can’t use content without his agreement, and there is the notion of image rights.
The arrival of influence certificates.
Having a responsible image is a selling point for both the influencer and the brand. This certificate will allow a duty of transparency, reassure both parties and put the communities in confidence. The influencer will be legally protected and allow his profession to be fully recognized as a full-fledged and professional one. This is already the case for the travel influencer Bruno Maltor. For the moment, it is not mandatory but it could be democratized soon.