#ads: Laws for Social Media Influencers

Ok, so this blog post isn’t actually an #ad– but that’s a great way to disclaim it if it were so!

We know that now more than ever, in the dynamic world of influencer marketing, transparency reigns supreme. It’s not just about building a loyal following—it’s about maintaining trust and credibility with your audience. That’s why disclosures aren’t just a good idea; they are a legal necessity.

When influencers partner with brands for endorsements or sponsored content, they are legally obligated to disclose these relationships to their audience. The Federal Trade Commission (FTC) has set clear guidelines on this matter, emphasizing the importance of transparent communication to prevent consumer deception– even if unintentional.

Influencer disclosure laws require influencers to clearly and conspicuously disclose any commercial relationships they have with brands. This means influencers must prominently state when content is sponsored or when a post is exchanged for free/ reduced cost product. Typically, influencers and marketing teams accomplish this through a hashtag (#ad, #sponsored), a disclosure statement, or another easily identifiable method. Marketers should provide examples of wording to any influencers they engage.

Influencers and their marketing team counterparts should integrate these disclosures seamlessly into the content so that they are readily noticeable to viewers. Disclosures should not be buried in a sea of hashtags or hidden within lengthy captions. Instead, position disclosures where they are impossible to miss, ensuring that followers are fully aware of the commercial nature of the content.

Failure to disclose paid partnerships or sponsored content can result in fines and penalties from regulatory authorities like the FTC on both the influencer and the brand. By adhering to disclosure guidelines, influencers and marketing teams safeguard themselves against potential legal repercussions and uphold ethical standards in the influencer marketing industry.

Need assistance with influencer marketing disclosures, social media influencer contracts, brand contracts, or other legal guidance? You’re in luck, because we’re experts. Contact us today and get those worries off your plate!

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