Media Social Media: Online Conduct of Influencers

Influencers have effectively become a new form of media distribution.

A creator can reach an audience larger than many traditional publications without operating within the conventional editorial structure of television or newspapers.

Commercial relationships should be disclosed appropriately. Advertising should not be disguised as independent personal opinion where the relationship is material.

Contracts should cover content deliverables, approval rights, exclusivity, intellectual-property ownership, platform requirements, usage rights and termination.

Influencers may also create risks through defamatory statements, copyright infringement or inappropriate conduct.

Brands should therefore distinguish between control over sponsored content and attempts to regulate every aspect of a person's private life.

Influencer law is increasingly a specialised area combining advertising, contract, intellectual property, privacy and defamation.

Both brands and creators benefit when expectations are established before the campaign begins rather than negotiated after a post becomes controversial.