The influencer profession has grown into a global phenomenon, yet its legal status remains a complex and often misunderstood topic. While specific laws vary from country to country, the core principles of rights, obligations, and responsibilities for digital content creators are increasingly universal.
This article explores the legal framework governing influencers in a general context, applicable whether you operate in Europe, the Americas, or other regions.
1. The Influencer as a Professional: A Global View
An individual who earns income from their influencing activities is universally considered a professional and is subject to local business and tax laws. There is no single "influencer" legal status recognized worldwide. Instead, creators must choose from existing business structures to operate legally.
- Common Structures: Most influencers operate as a freelancer or sole proprietor for simplicity. As revenue grows, they often transition to a formal business entity (like an LLC or corporation) to manage larger incomes and separate personal and professional assets, a common practice in many countries.
Regardless of the chosen structure, the universal requirement is to properly declare professional income and pay taxes in accordance with the laws of their country of residence or operation.
2. Universal Obligations of the Influencer
Influencers are subject to the same advertising and consumer protection laws as traditional media companies. Regulatory bodies worldwide are increasing their oversight to ensure transparency and fairness in digital marketing.
- The Obligation of Transparency: This is the most critical and universally enforced rule. All content resulting from a paid partnership or brand deal must be clearly disclosed to the audience. Common global hashtags and phrases include #ad, #sponsored, #paidpartnership, or a clear verbal disclosure. Failure to do so can lead to sanctions from consumer protection agencies.
- Compliance with Advertising Standards: Laws against misleading or deceptive advertising are a cornerstone of consumer protection worldwide. An influencer must not make false claims about a product, misrepresent its benefits, or endorse a product they have not genuinely used or experienced.
- Respecting Sector-Specific Rules: Many countries have specific regulations for advertising certain products like alcohol, tobacco, medical devices, or financial products. Influencers must understand and comply with these local rules when promoting such goods.
3. The Influencer's Global Legal Responsibility
Influencers are held liable for the content they publish, and this responsibility extends across borders.
- Civil Liability: If an influencer promotes a defective product that causes harm to a consumer, their civil liability can be engaged. Likewise, publishing defamatory statements or false information that damages someone's reputation can lead to a lawsuit for damages.
- Criminal Liability: In more severe cases, influencers can face criminal charges. This includes promoting illegal activities, inciting violence or hatred, or participating in fraudulent schemes, which are punishable crimes in virtually every country.
4. The Universal Rights of the Influencer as a Creator
In addition to their obligations, influencers also have rights that are legally protected.
- Intellectual Property Rights: Their own creations, including original photos, videos, and texts, are protected by copyright law in most countries. This means brands and other users cannot use or modify their content without explicit permission, usually outlined in a contract.
- Right to their Image: Influencers have the right to control the use of their own image and likeness for commercial purposes.
- Contractual Protection: The best way for an influencer to protect their rights is through a clear and detailed contract with brands. This legal document specifies the scope of work, payment terms, and ownership of content, providing a clear and enforceable legal framework for the collaboration.
In conclusion, the influencing profession, while modern, is not above the law. By embracing professionalism, ensuring transparency, and understanding their rights and responsibilities, influencers can build a sustainable and legally sound career on the global stage.
Disclaimer: This article provides general information and does not constitute legal advice. For specific legal guidance, it is recommended to consult a qualified legal professional in your jurisdiction.