Influencer-marknadsföring - En granskning av hur influencer-marknadsföring förhåller sig till marknadsföringslagen

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

Sammanfattning: As social media is increasingly integrated into our everyday lives and with the rise of so-called influencers, consumers are getting used to a new type of marketing. This type of marketing is often referred to as "influencer marketing" which is a collective term used to describe companies using influencers' to market various products and services via the influencer's social media platforms. Influencer marketing has rapidly increased in popularity and there are still many unanswered questions regarding how this type of marketing relates to the Marketing Act. In late 2019, Sweden's first court case on the subject was determined and the court's decision is expected to give some guidance as to how future cases regarding influencer marketing will be handled. This thesis, therefore, aims to examine when influencer marketing should be assessed according to the Marketing Act and what obligations influencers have to identify commercial messages on social media. The thesis also studies who can be held responsible for law violations concerning influencer marketing. The study shows that messages published by influencers on social media should be assessed according to the Marketing Act if the messages are purely commercial. Simply put, the Marketing Act is applicable if an influencer receives compensation for posting a certain message. As for what requirements apply when posting commercial messages on social media the court has determined that the average consumer should be able to identify marketing messages quickly and with ease. It should also be clear which company is behind the marketing message in question. The study also shows that in addition to the company behind a law violating marketing message, an influencer who published the marketing message can be held responsible for participation, whilst a party who participated in mediating the advertising assignment can stand completely without responsibility.

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