By Dr. Alexandros Antoniou, Essex Law School

Influencer marketing has emerged as a formidable force in the realm of advertising, wielding substantial power to sway consumer behaviour and shape brand perceptions. Leveraging the credibility and reach of social media personalities, brands can effectively tap into niche audiences and foster authentic connections.

Despite its undeniable impact, there remains a notable lack of comprehensive research and regulatory oversight surrounding influencer marketing practices. As the landscape continues to evolve rapidly, it becomes increasingly imperative for regulators to delve deeper into this field in order to safeguard followers’ interests and maintain the integrity of digital advertising ecosystems in which influencers operate.

My new research looks at the rapidly evolving landscape of influencer marketing and its profound effects on the dynamics between social media users, advertisers, and brands. In my new article, I demonstrate that influencers have transcended the dichotomy of self-publishers vs traditional advertisers, shaping distinct career trajectories.

With the burgeoning influencer industry in mind, I critically examine the regulatory landscape, particularly the responsiveness of the Advertising Standards Authority (ASA) and the Competition and Markets Authority (CMA) to influencers’ professionalisation.

Despite the industry’s growth, regulatory gaps persist, leaving consumers vulnerable to lightly-overseen influencers. I caution that regulators rely on antiquated tools, allowing newcomers in the industry to fly beneath their radar.

For instance, the established advertising rule to make clear that ads are ads predominantly applies to those influencers who have forged brand partnerships. However, I argue that early career influencers who may not monetise their content, still wield significant influence. They have a remarkable knack of cultivating genuine connections that bestow hidden promotional content with an unmatched aura of trustworthiness.

I conclude that, from a regulatory standpoint, we are not seeing influencers’ increasing professionalisation. I advocate for a transformative shift in regulatory perspective to encompass influencers throughout their career journey, challenging the prevailing notion that only high-reach influencers warrant scrutiny.

Therefore, I emphasise the need for a recalibrated regulatory threshold that accounts for emerging influencers, endorsing a more comprehensive definition and a holistic approach that recognises the multifaceted nature of IM practices.

My article, published in the Journal of Computer, Media and Telecommunications Law (Vol. 29, Issue 1, pp. 8-21) urges regulators to adapt to the nuanced and evolving nature of influencer marketing to ensure a more robust oversight and integrity in this emerging profession.