Recently, a judge considered whether or not an influencer with 30,000 followers was “Internet famous” for the purposes of an online marketing legal action. If you’re at that threshold or strive to be, reading this post could save you thousands, if not millions.
What does it take to be Internet Famous?
The brand you’re trying to land as a sponsor may not think 30,000 followers is enough, but the UK courts do. And yes, U.S. influencers need to worry about this ruling too, which we’ll get to below.
ASA Sued A Lifestyle Blogger with 30,000 Followers
The UK’s Advertising Standards Authority (ASA) sued a British lifestyle blogger over a post about Phenergan Night Time tablets that she put on an Instagram account with 32,000 followers.
What’s the problem with promoting products on social media? In the United Kingdom, online marketing rules forbid celebrities from endorsing medications. But the regulation presents a social media marketing conundrum since partnering with clout-carrying accounts is the new direct mailer. Plus, companies are starting to rack up huge followings as customers increasingly track brands on Facebook, Instagram, and Twitter.
Judge Said 30,000 Followers is Famous
Ultimately, the court ruled in favor of the ASA, and in doing so, set 30,000 followers as the “fame” bar for future cases. The judge determined that the blogger in question “had the attention of a significant number of people” and therefore should be considered a celebrity for marketing compliance purposes.
On account of the ruling, any social media account with 30,000 or more followers should contact a social media business consultant to ensure compliance. It could save you tons of money and headaches.
Yes, Canadian and American Companies Usually Need to Heed UK Online Marketing Rules
You may be thinking: “I don’t need to worry about this. I’m based in the United States.”
Websites that allow access to residents of the United Kingdom or anywhere in Europe are often subject to regional laws. As such, the general rule of thumb is to disclose everything. The problem is that disclosures don’t matter when regulations account for audience size. If you’re unsure about what rules and regulations you need to follow, connect with an influencer business consultant.
Do You Need Help with an “Influencer” or Online Marketing Legal Matter?
The Federal Trade Commission and other international regulatory bodies are cracking down on influencer marketing violations.
If you need help sorting through the regulations, let’s talk. Getting your ducks in a row could mean the difference between staying “on-air” and being forced off.
Get in touch today.