The Regulation of Social Media Influencers

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The Regulation of Social Media Influencers

9781788978279 Edward Elgar Publishing
Edited by Catalina Goanta, Associate Professor, Faculty of Law, Economics and Governance, Utrecht University, the Netherlands and Sofia Ranchordás, Professor of European and Comparative Public Law, Groningen Law School, the Netherlands
Publication Date: 2020 ISBN: 978 1 78897 827 9 Extent: 352 pp
In today’s society, the power of someone’s reputation, or influence, has been turned into a job: that of being a social media influencer. This role comes with promises, such as aspirational work, but is rife with challenges, given the controversy that often surrounds influencers. This is the first book on the regulation of social media influencers, that brings together legal, economic and ethical angles to further unveil the implications of influencer marketing.

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Critical Acclaim
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In today’s society, the power of someone’s reputation, or influence, has been turned into a job: that of being a social media influencer. This role comes with promises, such as aspirational work, but is rife with challenges, given the controversy that often surrounds influencers. This is the first book on the regulation of social media influencers, that brings together legal, economic and ethical angles to further unveil the implications of influencer marketing.

Thus far, influencers have been under scrutiny for not disclosing paid advertising, yet their activity has many more questionable implications. This edited volume combines insights from law, economics, ethics and communication science to reveal these implications and propose new ways in which public bodies, social media companies and citizens ought to relate to influencer marketing.

Academics and students of law, economics, ethics and communication science will find policy making insights in this collection. In addition, The Regulation of Social Media Influencers will be essential reading for regulators.

Critical Acclaim
‘This book will prove a fascinating read and handy resource for any legal scholar and practitioner who is concerned with the impact that social media platforms have on a consumer’s right to know when they are being exposed to paid advertising by social media influencers. This book will prove useful and instructive to researchers in other countries and regions – as well as researchers in sectors beyond advertising – who are concerned with questions of how social media influencers should be governed and regulated.
This book, which provides a comprehensive and in-depth set of studies, sets a foundation for future studies in this area and is an important contribution. It is sure to serve as a foundational work for studies and attempts to enact legislation and establish regulations to govern social media influencers in other parts of the world.’
– Camaren Peter, South African Law Journal

‘The book is a mighty tome, edited so skilfully by Catalina Goanta and Sofia Ranchordás. Their aspirational strife to bring together so many contributors is remarkable, looking at legal, socio economic and ethical angles to unveil the implications of influencer marketing and intrusion into our lives, particularly the young.’
– Ursula Smartt, Entertainment Law Review

‘Social media influencers are a new object of study. Bringing together experts from different disciplines, this book offers a unique set of lenses to examine the legal, ethical, and broader societal implications of this fascinating phenomenon that is emblematic of today''s attention economy. Covering a broad range of pressing issues from consumer protection to labor and speech law, the volume provides both practical insights as well as "food for thought" as we reimagine the role of law in the digital age.’
– Urs Gasser, Harvard University, US
Contributors
Contributors: E. Apa, M. de Cock Bunning, S. De Jans, M. De Veirman, R. Ducato, I. Ebert, C. Fieseler, C. Goanta, L. Hudders, M. Leiser, M. Leszczyńska, D. Mangan, G. Newlands, F. Pflücke, O. Pollicino, S. Ranchordás, D. Sindermann, E. van den Abeele, S. van der Hof, G. van Dijck, V. Verdoodt, I. Wildhaber
Contents
Contents:

1 The regulation of social media influencers: an introduction 1
Catalina Goanta and Sofia Ranchordás

PART I SOCIAL MEDIA, FREE SPEECH AND PUBLIC INTEREST
2 Free speech and the right of publicity on social media 22
Ernesto Apa and Oreste Pollicino
3 Life after the European Audiovisual Media Services Directive: social media influencers through the looking-glass 47
Madeleine de Cock Buning
4 An ethical view on influencer marketing – dynamic interaction between individual and economy or a simple data-driven advertising model? 74
Isabel Ebert and Dana Sindermann
5 Child labour and online protection in a world of influencers 98
Valerie Verdoodt, Simone van der Hof and Mark Leiser

PART II INFLUENCER MARKETING AT WORK
6 Unravelling the power of social media influencers: a qualitative study on teenage influencers as commercial content creators on social media 126
Marijke De Veirman, Steffi De Jans, Elisabeth Van den Abeele and Liselot Hudders
7 #dreamjob: navigating pathways to success as an aspiring Instagram influencer 167
Gemma Newlands and Christian Fieseler
8 Influencer marketing as labour: between the public and private divide 185
David Mangan

PART III CONSUMER DISCLOSURES AND CONTRACT LAW
9 Controlling influencer content through contracts: a qualitative empirical study on the Swiss influencer market 210
Catalina Goanta and Isabelle Wildhaber
10 One hashtag to rule them all? Mandated disclosures and design duties in influencer marketing practices 232
Rossana Ducato

PART IV SOCIAL MEDIA AND EMPIRICAL RESEARCH DESIGN
11 Assessing the methodological quality of empirical research on social media influencers 275
Monika Leszczyńska and Gijs van Dijck
12 Making influencers honest: the role of social media platforms in regulating disclosures 299
Felix Pflücke

Index 323
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