media licence, under a new regulation. The media
licence will be like those that magazines and
newspapers acquire from the authorities in the UAE.
It costs 15,000 AED annually. The NMC under
Article 4 of the Federal Law No. 11 of 2016 on the
regulation and powers of National Media Council is
given the powers to draft the media policy of the
UAE, including enacting media legislations and
ensuring that they are implemented. The Electronic
Media Regulation specifies that the licensing applies
to anyone who does not already hold a trade license
and those who accepts paid collaborations, sponsored
posts and/or brand deals in the UAE for creating
promotional content to be shared with their followers.
Those who failed to comply with the new regulations
may be fined up to AED 5,000.
The regulation also stipulates that, apart from
licensing, any media activities on social media
platforms carried out for commercial purposes, shall
meet the applicable advertising standards or criteria
adopted by the council and the parties involved must
be responsible for the content on such media. Social
media influencers, blogs and personal web, including
individuals and organisations that voluntarily
promote work are not subject to the new regulation
provided they are non-commercial in nature. How the
UAE authorities will manage to differentiate the
activities between commercial and non-commercial,
especially when they involve micro influencers and
enforced the new regulation remains to be seen.
5 CONCLUSIONS
Social media’s role in influencer marketing will
continue to grow, even in Malaysia. The use of social
media and influencers for products or services
endorsement creates better engagement and
awareness for customers and it turns out to be a well
utilised tool for marketing purposes. However, its
usages raise some legal concerns. This article
discussed one major legal issue associated with
influencer marketing endorsement activities on social
media – the lack of disclosure. Although,
endorsement have been regulated by traditional
marketing laws by many countries, including
Malaysia, but only certain jurisdictions have provide
a specific legal framework to regulate influencer
marketing on the social media platform. Deceptive or
false claims in marketing will lead to many social
media marketeers and influencers into liabilities.
Non-disclosure of the material relationship between
the influencers or endorsers and the marketeers or
brands leads to unfair influence on the consumers’
purchase decision and in turns is a form of deception
under the law. Appropriate steps must be devised to
avoid or mitigate this concern. Terms and conditions
that specify upon which these influencers and
marketeers operate must be made clear. Regulations
and legislations thus, play a big role in providing such
guidance and ensuring compliance. Latest regulatory
developments from the USA and UAE in dealing with
influencer marketing shows two different approaches
in their regulations, through guidelines and licensing,
while Malaysia has yet to arrive at any specific rules
nor guidelines. Malaysia needs to acknowledge the
need for reform in the matter and welcome changes in
the laws of influencer marketing soon. Lessons and
experiences learnt from various jurisdictions
worldwide, including the USA and the UAE on the
development of the laws should be carefully
considered.
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