SOCIAL MEDIA INFLUENCERS
MAKE $$$$ BIG MONEY $$$$ ONLINE
The average price of a sponsored photo on Instagram
has jumped from $134 (£104) in 2014 to $1,642 (£1,276) in 2019.
Brands pay influencers to sponsor posts, videos, stories, and blogs.
Social influencers range from as small as micro-influencers -
people with fewer than 100,000 followers to a celebrity having millions
of followers YouTube videos command the highest fees.
As more people become paid
social-media influencers, more regulations are put in place.
has jumped from $134 (£104) in 2014 to $1,642 (£1,276) in 2019.
Brands pay influencers to sponsor posts, videos, stories, and blogs.
Social influencers range from as small as micro-influencers -
people with fewer than 100,000 followers to a celebrity having millions
of followers YouTube videos command the highest fees.
As more people become paid
social-media influencers, more regulations are put in place.
What is Social Media?
Defined as “ “social media” as “forms of electronic communication
(such as websites for social networking and microblogging) through
which users create online communities to share information, ideas,
personal messages, and other content (such as videos).
(such as websites for social networking and microblogging) through
which users create online communities to share information, ideas,
personal messages, and other content (such as videos).
Personal Jurisdiction
Harris v. Sportbike Track Gear, No. 13-6527, 2015 WL 5648710
(D.N.J. Sept. 24, 2015)
(D.N.J. Sept. 24, 2015)
The New Jersey “court held that although
- the defendant had social media accounts which were
- commercial and interactive” there must be:
- evidence the account targets, customers
Evidence of conducting business with residents in that state
New Jersey court “court concluded that even though the defendant’s website
and social media platforms were accessible in New Jersey, the defendant could
not have reasonably expected to be haled into a state court”
and social media platforms were accessible in New Jersey, the defendant could
not have reasonably expected to be haled into a state court”
Foreign and U.S. Federal and State Social Media Laws
RELEVANT SOURCES
The General Data Protection Regulation (EU) 2016/679 (GDPR) is a regulation in
EU law on data protection and privacy for all individual citizens of the European Union (EU)
and the European Economic Area (EEA)
EU law on data protection and privacy for all individual citizens of the European Union (EU)
and the European Economic Area (EEA)
Anti-SLAPP (U.S. state law) – provides protection against Strategic
Lawsuits Against Public Participation
Lawsuits Against Public Participation
(“SLAPP”). See our posts on anti-SLAPP.
Americans With Disabilities Act (“ADA”) – U.S. federal law that prohibits
discrimination based on disability.
discrimination based on disability.
See our posts on ADA.
Canada’s Anti-Spam Legislation (“CASL”) –
deters damaging and deceptive forms of spam (unsolicited bulk
messages) occurring in Canada. See our posts on CASL.
Canada’s Copyright Modernization Act –
implements the rights and protections under the World Intellectual
Property Organization (WIPO) Internet treaties and addresses various challenges
and opportunities to copyright owners posed by the Internet and digital media.
See our posts on the Copyright Modernization Act.
Communications Decency Act (“CDA”) –
U.S. federal law that regulates indecency and obscenity on in cyberspace.
Section 230 provides a safe harbor for third party providers who are not construed as publishers
of their users’ content. See our posts on the CDA.
of their users’ content. See our posts on the CDA.
Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030 et seq. –
U.S. federal law that projects the common law tort of real property
trespass into the virtual realm of computers. See our posts on CFAA.
U.S. federal law that projects the common law tort of real property
trespass into the virtual realm of computers. See our posts on CFAA.
Copyright Act (United States) –
sets out exclusionary rights for works of authorship. See our posts on the Copyright Act.
sets out exclusionary rights for works of authorship. See our posts on the Copyright Act.
Children’s Online Privacy Protection Act (“COPPA”) –
U.S. federal law and Federal Trade Commission regulations that regulate online collection
of personal information of persons under 13 years of age. See our posts on COPPA.
U.S. federal law and Federal Trade Commission regulations that regulate online collection
of personal information of persons under 13 years of age. See our posts on COPPA.
Digital Millennium Copyright Act (“DMCA”) – Part of the U.S. copyright law,
it limits liability to service providers even if they have actual knowledge of i
nfringing activity. See our posts on DMCA.
it limits liability to service providers even if they have actual knowledge of i
nfringing activity. See our posts on DMCA.
Consumer Protection from Unfair Trading Regulations and
Why is this issue important?
Why is this issue important?
Trade laws in the United States and abroad may differ.
As an internet social media influencer, it is imperative that you know
the facts about consumer protection and unfair or misleading marketing tactics.
As an internet social media influencer, it is imperative that you know
the facts about consumer protection and unfair or misleading marketing tactics.
Misleading Practices
Using your social media influence bears responsibility.
The FTC protects consumers and suggests a list of online guidelines
The FTC protects consumers and suggests a list of online guidelines
You should clearly disclose when you have a financial or family
relationship with a brand.
relationship with a brand.
Don’t assume that using a platform’s disclosure tool is sufficient.
Avoid ambiguous disclosures like #thanks, #collab, #sp, #spon, or #ambassador
Full sponsorship disclosure means that influencers have to make sure consumers
understand and can visibly read the fine print.
understand and can visibly read the fine print.
Advertisement? YES / NO
Advertising Standards Authority Competition and
Markets Authority require social media influencers
to disclose which posts are ads and which posts aren’t.
Citations
How to protect your brand on social media —
Seven Top Tips -LEXOLOGY - October 16, 2019
Rihanna wins Topshop T-shirt row - The Gaurdian January 2015
PSA: The Hudson Yards 'Vessel' Has The Right To Use All The Photos & Videos You Take Of It Forever
- March, 2019
- March, 2019
Three FTC actions of interest to influencers - September, 2017
Fauxmats, false claims, phony celebrity endorsements, and unauthorized charges - Fair, Nov 6, 2017
Social-media influencers: Incomes soar amid growing popularity - November 14, 2019
Social Media Privacy Laws
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