A recent study has highlighted the need for distinct regulatory measures for influencers promoting sustainable lifestyles on social media to enhance consumer protection. The research identifies deficiencies in existing and upcoming EU consumer protection regulations that oversee the commercial activities of content creators who endorse sustainable products and services.

The study underscores the significant influence of effective and trustworthy communication about sustainable lifestyles on social media on consumer behaviour. This influence is not confined to traditional influencers but also extends to ‘de-influencers’, who encourage their followers to choose greener or more ethically produced alternatives.

The study’s recommendations stress the importance of preserving content creators’ freedom of speech and their ability to conduct business without undue restrictions. One of the proposed changes involves redefining the legal status of content creators as professionals when they receive payment for their endorsements. This redefinition would not only provide them with greater legal clarity but also enable targeted training on their legal responsibilities, thereby facilitating the establishment of codes of conduct.

The researchers propose that when influencers pass on sustainable claims made by brands, and if there is no reasonable cause to question these claims, the responsibility for any misinformation should fall on the brands rather than the influencers. However, this liability shifts if influencers exert significant creative control over the content and originate their sustainability claims.

Professor Joasia Luzak of the University of Exeter, who led the study, noted that influencers’ communications are shaped by the social media platforms they use and their relationships with the brands they represent. Influencers might need more capability to critically assess the integrity of the information provided when given marketing materials for a product. This scenario could lead them to unintentionally mislead their audience due to insufficient access to accurate information, though it could also reflect a lack of diligence on their part.

Existing regulations stipulate that influencers must not mislead consumers through direct actions or by omission. They can be held accountable, individually or jointly with the brand they represent, if they fail to adhere to these guidelines. The study critiques the current requirement that influencers engage in ‘frequent’ commercial activities to be recognised as engaging in commercial practices. This criterion does not consider influencers who spread their activities across various platforms or engage in non-monetised content. The emphasis on ‘frequent’ posting overlooks the potential harm even a commercial post can cause.

The study advocates for removing the ‘frequency’ requirement, suggesting that online content creation should be considered a professional activity based on the commercial intent behind the communication rather than the commercial gain derived from it. Registration of such professional activity in Member States should be mandatory to ensure that content creators are not exempt from obligations under the current European consumer protection framework.

Moreover, empowering consumers to hold content creators accountable alongside brands could significantly enhance the avenues available for seeking compensation for damages, thereby strengthening consumer protection and accountability.

The EU Green Transition Directive prohibits misleading consumers about product durability, repairability, and environmental or social impacts. Given that sustainable influencers often highlight these attributes, those qualifying as traders under the new regulations must ensure that their claims, or those made by the brands they represent, are substantiated.

More information: Joasia Luzak et al, 3Rs of Sustainable Activism on Social Media: Relatability, Reliability and Redress, Journal of Consumer Policy. DOI: 10.1007/s10603-024-09574-x

Journal information: Journal of Consumer Policy Provided by University of Exeter