Arising Legal Concern in Endorsement Practices by Social Media Influencers in Malaysia: A Comparative Perspective

Nor Fadzlina Nawi, Nur Amalina Faizol

2018

Abstract

Many businesses, in their search for a more effective way in promotingtheir products or services have discovered that social media is an important communication channel in the digital marketing landscape. They are now recruiting the services of individuals termed as ‘social media influencers’ – individuals who have a significant following on social media –for marketing purposes. These so-called ‘influencers’ engage in products or services endorsements for marketeers through the myriad of social media channels, often in exchange for money or free or discounted products or services. Marketeers and influencers, however, should be concerned of the legal issues involved in the practices of using the social media for products or services endorsement. Employing content analysis of relevant literature and laws, this paper discusses the different types of ‘influencers’ and reviews selected social media influencers’ marketing activities in Malaysia and explores the associated legal concerns. One major concern, is the lack of disclosure in these endorsement practices under marketing laws. Latest regulatory developments from the USA and UAE in dealing with influencer marketing are also examined and compared to with the laws in Malaysia. The paper addresses the differences in the scope and coverage of the regulations and acknowledges that Malaysia needs to welcome changes in the laws of influencer marketing in the near future.

Paper Citation

in Harvard Style

Nawi N. and Faizol N. (2018). Arising Legal Concern in Endorsement Practices by Social Media Influencers in Malaysia: A Comparative Perspective.In Proceedings of the International Law Conference - Volume 1: i-NLAC, ISBN 978-989-758-482-4, pages 372-378. DOI: 10.5220/0010051903720378

in Bibtex Style

@conference{i-nlac18,
author={Nor Fadzlina Nawi and Nur Amalina Faizol},
title={Arising Legal Concern in Endorsement Practices by Social Media Influencers in Malaysia: A Comparative Perspective},
booktitle={Proceedings of the International Law Conference - Volume 1: i-NLAC,},
year={2018},
pages={372-378},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010051903720378},
isbn={978-989-758-482-4},
}

in EndNote Style

TY - CONF

JO - Proceedings of the International Law Conference - Volume 1: i-NLAC,
TI - Arising Legal Concern in Endorsement Practices by Social Media Influencers in Malaysia: A Comparative Perspective
SN - 978-989-758-482-4
AU - Nawi N.
AU - Faizol N.
PY - 2018
SP - 372
EP - 378
DO - 10.5220/0010051903720378