Rules should set obligations for influencers, but also for video-sharing platforms and social media networks

Influencer advertising and marketing has been one of the fastest-growing industries of the last decade. Perceived by consumers as closer, more authentic and more trustable than traditional advertising or celebrity endorsement, influencers are attracting more and more brand investment.

However, unlike traditional advertising, which is subject to very strict rules, influencer advertising can fall through the cracks of ad disclosure. The commercial nature of influencer posts is not always identifiable as such, with ads featuring alongside similarly styled, but independent, editorial content. 

This lack of transparency is dangerous for consumers in general and for minors in particular. Exposing this vulnerable group to covert advertising could potentially harm their physical, psychological, social and emotional development. 

Should the EU do something about this? "In fact, the EU already has some mechanisms in place to deal with influencers, which are covered by legislation on both advertisers and sellers/traders. However, we think it would be desirable to have a comprehensive approach, given the rapid rise of this phenomenon," says Bernardo Hernández Bataller, rapporteur for an EESC report on this issue.

The Committee suggests that the EU should set specific obligations for both the administrators of the video-sharing platforms and social media networks on which influencers operate, and for content creators/influencers themselves. 

Influencers should:

• include a prominent label upfront to highlight that a post is a marketing communication;
• comply with sector-specific rules designed to protect the health and safety of consumers and users, especially minors and other vulnerable groups;
• be liable if they fail to make it sufficiently clear when they are being paid to endorse or promote a product or service.

Platform administrators and social media networks should:

• also be liable for content published by the content creators and influencers they host; 
• have an obligation to take down illegal content and report illegal activity;
• ask all content creators/influencers operating outside the EU to clearly indicate who is legally liable for their activity within the EU and to have professional insurance to cover harm caused by illegal activities.

In order to protect minors, platforms and social network administrators, together with influencers, should ensure that: 

• it is technically possible to prevent under-age users from viewing sensitive content, which in any case must be marked as "prohibited for children under 18", require age verification and allow the use of parental control;
• influencer posts targeting minors include the words "advertising", "commercial communication" or "sponsored by"; and that modified images are marked as "touched-up image" and products of artificial intelligence as "virtual image".

This EESC opinion has been drawn up for the Spanish presidency of the Council of the EU, which is considering whether a specific regulation should be adopted and has asked the European Economic and Social Committee for its views on this matter. (dm)