Reklamidentifiering och medverkansansvar vid marknadsföring på sociala medier

Sammanfattning: Internet usage and social media have exploded in recent years, which has brought about a change to advertising. Social media has become a place full of recommendations and inspiration, but also a workplace for influencers who promote various products and services. Consumers are having a hard time to distinguish between a tip and an advertisement which can lead to a feeling of being deceived. This essay discusses the conditions and limitations regarding advertising identification and liability in social media. Overall, the essay examines the legal rules that should be considered, looking at both laws in Sweden as in the EU. The essay presents to explain and analyze Swedish and EU marketing law, specifically the new regulation concerning digital services, Regulation (EU) 2022/2026 (DSA). This regulation address advertising on online platforms and imposes requirements on various actors in the online platform sphere. The essay explains the basis and limits of article 26 in the DSA and whether they differ from current legislation in the Swedish Marketing Act, specifically 9§ MFL. Consequently, the essay presents advertising identification and addresses the issue of responsibility and what constitutes contributory responsibility.