Do Influencers Need to Tell Us When Something Is #Sponsored?

Elouise Davis
Jul 8, 2020 · 7 min read
PHOTOGRAPHY BY HAYLEY PEASE

What does the law say about influencers disclosing brand partnerships?

A focus on Australia and a comparison to the global position.

  • Where an influencer takes us through their morning skincare routine on stories, and all the products are conveniently by the same brand. If they’ve been sent this as part of a brand ambassador relationship, the consumer should be informed of this fact (also, if it’s truly a coincidence that the products are all the same brand, the influencer doesn’t have to share that they don’t have a brand relationship).
  • Where a brand provides an influencer with free sneakers and asks for their review. If knowing that the shoes were free would affect the weight that the reader would give that review, but it’s not obvious that these were a gift, then ‘#promo’ could be a useful disclosure. The safe approach would be to tell us something was free, even where the ultimate review is truly unbiased.
  • Collaborations between a brand and influencer where the follower enters a competition by using a set hashtag or creating their own user-generated content. In this situation, the influencer isn’t the only one endorsing the product but is asking followers to promote it too, and they should know that the influencer in some way benefits from this promotion.

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Elouise Davis

Written by

I write about legal and business developments impacting the fashion industry

The Startup

Get smarter at building your thing. Follow to join The Startup’s +8 million monthly readers & +725K followers.

Elouise Davis

Written by

I write about legal and business developments impacting the fashion industry

The Startup

Get smarter at building your thing. Follow to join The Startup’s +8 million monthly readers & +725K followers.

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