Influencer marketing - marknadsföringsmetod "i samarbete med" marknadsföringslagen?

Sammanfattning: As internet has started to grow, more and more tradesmen have started to make use of social media as a platform to market their businesses. A major user of social media are influencers and a new marketing model called influencer marketing has been developed on the internet. As this marketing model has grown in importance, questions arise whether the identification of advertising requirement in 9 § MFL is sufficiently well constructed for its underlying purpose, in relation to influencer marketing and where do you draw the fine line between freedom of speech and marketing in influencer marketing. This thesis concludes that the legal situation concerning the requirement of identification of advertising, as used in influencer marketing, has improved significantly but it certainly remains a larger lack of knowledge around this topic. The problem is the accessibility and knowledge of law required to understand what is needed to not overstep any legal boundaries. From a consumer perspective, it could be an advantage to clarify the identification of advertising because the consumer develops different strategies to resist persuasion attempts if the consumer knows that these are commercial messages. However, to clarify the identification of advertising is perilous, keeping in mind that the Unfair Commercial Practices Directive is fully harmonized, and the European Court might consider the national law to defy the European laws. Regarding drawing the line in influencer marketing, it is important to not restrict the freedom of speech in a democratic society, like Sweden. When an influencer is assigned by someone to post an entry on his or her social media, with the purpose of promoting this person’s products or services, the post is regarded as marketing. In Germany, if the influencer, without being contracted, promotes a product without factual neutrality, it can be regarded as marketing. This distinction made in Germany can be risky in a country like Sweden, where freedom of speech is specifically highly protected.