Advertising self-regulation challenges in the light of legal and ethical risks of influencer marketing

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Abstract

In the light of the growth of influencer marketing, this descriptive and analytical study pursues the following three objectives: first, to identify and describe the legal and ethical boundaries of this advertising practice; second, to assess its
supervision on the basis of case law and resolutions of the Spanish advertising selfregulation system; third, to identify the role advertising self-regulation could play to guarantee consumer protection in accordance with the actions performed by two leading advertising markets, the United States and the United Kingdom. The results show: the absence of published specific regulation or codes of ethics
around advertising practice in Spain; the absence of case law or self-regulation resolutions around compliance with the principle of advertising identification; finally, the crucial role selfregulation can and must play in raising awareness
among advertisers, influencers and the audience regarding the necessary identification of this advertising practice, promoting the commitment and co-responsibility of the parties, and involving them in the monitoring and control process of possible infringements.
Translated title of the contributionRetos de la autorregulación publicitaria ante los riesgos jurídicos y éticos del marketing de influencers
Original languageEnglish
Pages (from-to)115-129
Number of pages14
JournalRevista Mediterranea de Comunicación
Volume10
Issue number2
DOIs
Publication statusPublished - 2 Jun 2019

Keywords

  • Self-regulation
  • Advertising
  • Ethics
  • Law
  • Social media
  • Influencer marketing

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