Abstract
The encroachment of social media into the daily lives of society reflects a major shift in consumer behavior. As social media moves from providing platforms of narrow connectivity among friends and family to social connection beyond one’s personal network, novel channels are being formed for consumers to absorb and share information. It opens opportunity for corporations to market their products beyond traditional methods and establishes the “influencer” sharing personal thoughts and recommendations on such products.
Social media’s immense purchasing power has a direct effect on the decision-making processes of individuals and the profit margins of corporations, and thus, the capacity for harm to the consumers and the corporate landscape is significant. This Note argues that the current regulatory scheme is doing little to effectively enforce social media advertising. Because of this, there is an increased need for social responsibility and due diligence on the part of social media influencers to filter the content and messages consumed by impressionable audiences.
Drawing on corporate law theory, tort theory, and advertising regulations, this Note explores what social media influencers’ social responsibility ought to be, including what legal mechanisms can be implemented on social media influencers to hold them accountable for their messaging and influence.
Recommended Citation
Arianna Kiaei, Under the Influence: Duties, Deception, Disclosures, and Due Diligence of Social Media Influencers, 82 Wash. & Lee L. Rev. 365 (2025).Available at: https://scholarlycommons.law.wlu.edu/wlulr/vol82/iss1/7
Included in
Business Organizations Law Commons, Commercial Law Commons, Law and Society Commons, Marketing Law Commons, Torts Commons