Influencer-marketing - En granskning av marknadsföringslagen och fördelningen av det juridiska ansvaret

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: Abstract Marketing is continuously changing and requires constant development to challenge consumers. Through the first blogs, a new marketing portal was created that was more penetrating than traditional advertising. From this, influencer marketing, i.e. marketing through social media, developed. Businesses can use an influencers platform as a catalyst for a commercial message, where, in addition, most influencers usually have higher credibility and are considered to be reliable in one or more niches. Influencer marketing sales were in 2016 half a billion, and is expected to increase further in the coming years. This essay is therefore relevant for future legal development and digital adaptation. The purpose of the paper is to investigate the established law’s applicability within the marketing area and to clarify how the legal responsibility is to be distributed as there are several parties involved. Established marketing law applies to all types of pure marketing, but may, through certain exceptions, create difficulties. The legal responsibility is expected to lie on the business responsible for an advertisement, but this paper shows that there is no symbiosis between practice and legislation. The essay contains both a de lege lata-perspective and a de lege feranda-perspective to first and foremost understand applicable law, but also how the legal framework should be in order to maintain digital relevance. To illustrate this, legal texts and various legal cases are discussed and exemplified on this issue is addressed through current national and international legislation. The conclusion of the paper is that (1) there may be more active cooperation between KO and RO in advertising identification rules to set even clearer boundaries, (2) either KO uses its sanctions more frequently or that RO has more dissuasive sanctions and higher status, and (3) create a coherent management of legal responsibility and to find consensus in distributing responsibility equally between influencers and businesses.

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