Influencers promoting sustainability need better regulation, study finds

A recent study has highlighted the need for revised regulations governing influencers who promote sustainable lifestyles on social media. The research, conducted by Professor Joasia Luzak from the University of Exeter, identifies significant gaps in the current and forthcoming EU consumer protection measures, which could impact the effectiveness and reliability of these promotions.

Challenges in Current Regulations

The study underscores that while influencers have the power to shape consumer behavior through their endorsements, the existing regulations do not adequately address their unique role in marketing sustainable products and services. Influencers often rely on information provided by brands, which may not always be verified or accurate. This gap in regulation could lead to unintentional misinformation, potentially harming consumers who rely on these endorsements for making informed decisions.

Recommendations for Improved Regulation

To address these issues, the study proposes several key changes to current regulations:

1. Clarification of Legal Status: Influencers should be recognised as professionals when they are paid for their promotional work. This change would provide greater legal certainty and facilitate better training on their rights and obligations.

2. Accountability for Misinformation: If influencers are merely relaying claims made by brands without verifying their accuracy, the responsibility for any misinformation should lie primarily with the brands. However, if influencers have significant creative control and draft their own claims, they should bear greater responsibility for the content they produce.

3. Revised Frequency Requirements: Current guidelines that require influencers to have "frequent" commercial activities to be considered traders are deemed inadequate. The study recommends removing this frequency requirement and instead focusing on the commercial intent of the content. This would ensure that all professional content creators, regardless of how frequently they post, are subject to appropriate regulations.

4. Professional Registration: Content creation should be recognised as a professional activity, with commercial intent being the key determinant. Influencers should be registered as professionals in their respective Member States to ensure they adhere to consumer protection standards.

5. Enhanced Consumer Protection: By holding content creators accountable alongside brands, consumers would have more avenues for seeking compensation if they are misled. This is particularly important as the EU Green Transition Directive mandates that traders cannot mislead consumers about the environmental or social impact of products.

The study's recommendations aim to strike a balance between protecting consumer interests and allowing influencers to operate with freedom and creativity. By addressing the current regulatory gaps and focusing on the professional status and accountability of influencers, the proposed changes could enhance the reliability of sustainable product promotions and contribute to more informed consumer choices.