Influencer marketing - En studie om hur den svenska marknadsföringsrätten förhåller sig till marknadsföring av influencers på sociala medier

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

Sammanfattning: As technology moves forward, marketing methods follow and influencer marketing is the most prominent one today, being a rather unexplored part of marketing, lacking clear legislation. Hence, companies use influencers and their platforms to advertise their products and services leading to a line of business where the legal aspect is obscure. The purpose of this essay is to investigate and illuminate the problems which come as a consequence of influencer marketing, to what level the marketing act (MFL) is applicable on social media, which requirements that apply to social media marketing, which parties should be held responsible of the unwarranted marketing and their relationship to each other. Therefore, the main conclusion is that the difference between commercial advertising and editorial content on social media seems hard to recognize. For some difficult cases, the fundamental law on freedom of expression is deemed to precede the marketing act despite advertising identification and transmitting indication being significantly higher for influencer marketing compared to traditional marketing strategies. Furthermore, the style of the commercial post needs to differentiate from the countering editorial post. Thus, the consumer needs to instantly be able to understand if the post is actually advertising. Subsequently, if a company pays an influencer or sends an influencer free goods this is legally regarded as a degree of payment for the publicity and marketing the influencer provides due to an underlying agreement between the influencer and the company. Therefore, the extent to which one party can be held accountable depends on their influence on the final outcome of the commercial post.

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