Establishing Legal Relations for Advertising Products and Services to Onlined Social Media Influencers

Abstract

This research aims to (1) study the history, concepts, theories and rules of law relating to creation of legal relations under Thai law, (2) study rights, duties and results of the legal relations between social media influencers and brands, and (3) to compare the establishment of legal relations under Thai law and foreign laws for the benefit of further legal development through conducting qualitative research. The results found that the relationship between the brands and social media influencers, who urged other people to use the brands’ products or services through social media, under Thai, Swedish, and American laws; are legally binding agreements since the parties intend to enter into a contract. According to the doctrine of freedom of contract, this creates contractual rights and obligations between the parties. However, there is no specific provision establishing the legal liability of social media influencers for their misleading advertisements posts to the brand consumers. It has no specific statute requiring public disclosure of legal relations between social media influencers and brands' owners. Similar discussions took place in the United States of America, where it has the Federal Trade Commission (FTC) whose principal mission is to promote consumer protection. The FTC deal with those influencers who provide reviews and endorsements of products or services through social media without disclosing their commercial relationship to brands when promoting or endorsing products through social media. Therefore, this research suggests that there should be rules to ensure that brands’ owners and social media influencers will deliver merely clear and legitimate messages, and disclose their legal relations to their consumers. Moreover, there is a need to prohibit any misleading marketing messages delivered to the consumers, so-called unfair practices; and to make certain that the messages they delivered do no harm to society. Also, government organizations should be set up to monitor and investigate this matter.