Social media influencers who promote sustainable lifestyles should be regulated differently, study says

A new study says the work of social media influencers who promote sustainable lifestyles should be regulated differently to better protect consumers.

Current and future EU consumer protection measures designed to regulate the business practices of content creators who promote sustainable products and services are flawed, according to a study published in the Journal of Consumer Policy.

Authentic and relatable communication about sustainable lifestyles on social media can reach many consumers and contribute to changing their behavioral patterns. This includes de-influencers encouraging people to buy different, more environmentally friendly or more responsibly produced products.

The recommendations in the study are designed to enable content creators to maintain free speech and conduct business.

This includes regulatory changes to clarify the professional legal status of content creators when they are paid for their work, providing greater legal certainty and making it easier to provide additional training and develop codes of conduct on legal rights and obligations.

The study found that if a content creator simply repeated a sustainability claim made by a brand and had no valid reason to doubt the veracity of the claim, the brand, not the influencer, could be held liable for misinformation. The situation would be different if content creators had more creative control over communicating with their audiences and drafted sustainability claims independently.

Prof Joasia Luzak from the University of Exeter, who carried out the study, said: “How influencers communicate with their audiences is determined by the social media platforms they use and their relationships with the brands they represent. When they receive marketing materials for the products they promote, they are not necessarily able to question or verify the product information.”

“Content creators may inadvertently misinform their followers simply because they don’t have access to relevant information. But unreliable content can also be a sign of not doing enough carefulness.”

Current rules state that influencers cannot mislead consumers by their actions or omissions. Influencers can be held liable for violations of the guidelines, either alone or jointly with the brand they represent. The guidelines should apply if a content creator’s commercial activity is “highly prevalent” on social media channels.

Research has found that the frequency requirement is inadequate for content creators’ activities as it doesn’t take into account that content creators distribute their activities across different social media channels, or that content is not monetized. The frequency requirement also overlooks the fact that even a single commercial post can cause harm to consumers.

The study said it would be preferable to remove the proposed requirement that content creators “frequently” post content from which revenue can be earned in order to qualify as traders engaged in commercial activities.

The creation of online content should count as a professional activity, regardless of whether the influencer derives a commercial benefit from it. Instead, the commercial intent of promoting the communication should be the determining factor. Registration of such professional activity in Member States would be mandatory, otherwise content creators could be exempt from the obligations imposed by current European consumer protection.

Having the option to hold content creators liable alongside brands gives consumers more opportunities to seek compensation for damages.

The EU Green Transition Directive prohibits traders from making misleading representations to consumers about a product’s durability or repairability, or its environmental or social impact. Sustainable activists frequently refer to these features, so content creators who qualify as traders should ensure that they, or the traders they provide promotional material with, can justify such claims.